In the state of Oregon, the distribution of an estate in the absence of a will is governed by the lawsof intestate succession. When an individual passes away without a will, also known as dying“intestate,” the state of Oregon provides a framework for determining how the deceased person’sassets will be distributed among their heirs.
The Oregon intestate succession laws prioritize the surviving spouse and close relatives in a specificorder. The primary beneficiaries are typically the surviving spouse and children, and the distributionof the estate is based on the degree of relationship to the deceased.
If the decedent is survived by a spouse but no children, the entire estate usually passes to thesurviving spouse. However, if there are surviving children of a prior marriage, the estate is dividedbetween the spouse and the children.
In cases where there is no surviving spouse, the estate may pass to the decedent’s children. If thereare no surviving children, the estate may go to the decedent’s parents. If the parents are not alive, theestate may pass to siblings, and if there are no surviving siblings, more distant relatives may beconsidered.
In cases where there are no living relatives or identifiable heirs, the estate may escheat to (or betransferred to) the state of Oregon. However, escheatment is a rare occurrence, as the state typicallymakes efforts to identify and locate heirs, even distant ones.
In conclusion, the distribution of an estate in Oregon when there is no will is determined by thestate’s intestate succession laws. These laws prioritize surviving spouses and close relatives, and thedistribution is based on the familial relationship to the deceased. It is advisable for individuals tocreate a will to ensure that their assets are distributed according to their wishes and to avoid thecomplexities that may arise in intestate succession.
