✓ Verified June 2026
This guide explains what happens when someone dies dying without a will in Oregon — exactly who inherits under Oregon’s intestate-succession law, and what surprises families most. All shares are from Oregon statute, verified as of June 2026.
In This Oregon Guide:
Who Inherits When There Is No Will in Oregon
Here is exactly how Oregon divides an estate when there is no will:
| If the person leaves… | Who inherits in Oregon |
|---|---|
| Spouse, no children | The surviving spouse inherits the entire net intestate estate (ORS 112.035). |
| Spouse + shared children | The surviving spouse inherits the entire net intestate estate when all of the decedent’s surviving descendants are also descendants of the surviving spouse (ORS 112.025). The children receive nothing through intestacy in this scenario while the spouse is alive. |
| Spouse + children from another relationship | The surviving spouse inherits one-half of the net intestate estate when the decedent has one or more surviving descendants who are not descendants of the surviving spouse (ORS 112.025). The remaining one-half passes to the decedent’s descendants by representation under ORS 112.065. |
| Children, no spouse | The children (descendants) inherit the entire net intestate estate, divided by representation as described in ORS 112.065 (ORS 112.045(1)). |
| No spouse, no children | The estate passes in this order under ORS 112.045: (1) To the decedent’s surviving parents, equally if both survive; (2) If no surviving parent, to the decedent’s siblings equally, and by representation to descendants of any deceased sibling; (3) If no surviving sibling or descendant of a sibling, equally to the decedent’s grandparents and by representation to descendants of any deceased grandparent (uncles, aunts, cousins); (4) If one or more grandparents do not survive, the descendants of deceased grandparents take by representation; (5) If surviving parents or grandparents are married to each other at the time of taking, they take real property as tenants by the entirety and personal property as joint owners with right of survivorship (ORS 112.045(5)). |
| No living relatives (escheat) | If, after diligent search and inquiry appropriate to the circumstances and the value of the estate, no person takes under ORS 112.025 to 112.045, the net intestate estate escheats to the State of Oregon (ORS 112.055). This occurs only when there are no surviving relatives at any level — spouse, descendants, parents, siblings, nieces/nephews, grandparents, aunts/uncles, or cousins. |
These shares come from Oregon intestate-succession law (ORS Chapter 112 (ORS 112.015 through 112.095) — Intestate Succession and Wills).
How Oregon divides shares among descendants: Oregon uses a modified per stirpes system called “representation” under ORS 112.065. When a share passes by representation, the estate is divided at the nearest generation that has at least one surviving descendant. Equal shares are created for each surviving descendant in that generation and for each deceased descendant in that generation who left surviving descendants.
Each deceased descendant’s share then passes by representation to their own descendants. This is sometimes called “per capita at each generation” or modern per stirpes.
Oregon homestead and family allowance: Oregon provides several protections for the surviving spouse and minor children during probate: (1) The surviving spouse and dependent children may continue to occupy the family dwelling for one year after the decedent’s death (ORS 114.005); (2) The surviving spouse may petition the court for a support allowance reasonably necessary for their welfare, which has priority over most estate claims (ORS 114.065);
(3) Oregon’s homestead exemption protects 40000 in equity for an individual or 50000 for a couple from creditors; (4) The surviving spouse may elect against the will and claim an elective share of the estate, which must be claimed within 9 months of commencement of probate proceedings (ORS 114.600 through 114.725).
Half-blood relatives in Oregon: Under ORS 112.095, persons of the half blood inherit the same share they would inherit if they were of the whole blood. A half-sibling has the same inheritance rights as a full sibling.
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Assets That Pass Outside Oregon Intestate Rules
Assets with designated beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), property held in joint tenancy with right of survivorship, assets in a living trust, and transfer-on-death deeds pass outside of Oregon’s intestate succession rules and are not part of the probate estate. Only assets solely owned by the decedent without a beneficiary designation are subject to intestate distribution.
Other Oregon intestacy rules: (1) Oregon is NOT a community property state — it follows equitable distribution principles, so only assets titled in the decedent’s name alone pass through intestacy; (2) Under ORS 112.045(5), if surviving parents or grandparents of the decedent are married to each other at the time of taking,
they receive real property as tenants by the entirety and personal property as joint owners with right of survivorship; (3) Oregon has a slayer/abuser statute — a person who feloniously and intentionally kills or abuses the decedent is treated as having predeceased the decedent for inheritance purposes; (4) Oregon does not impose a state inheritance tax, but does have a state estate tax with an exemption threshold of 1000000;
(5) Under ORS 112.077, the status of relationships is determined at the time of the decedent’s death.
What Dying Without a Will in Oregon Really Means
When someone dies without a will in Oregon, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Oregon divides an estate when someone is dying without a will in Oregon, and they often surprise people: a spouse may not automatically inherit everything.
Understanding dying without a will in Oregon helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Oregon depends on how each asset was titled.
You don’t have to do this alone
If you are settling a loved one’s estate in Oregon, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
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Official Oregon Sources & Resources
- Oregon Court Self-Help: https://www.courts.oregon.gov/courts/lincoln/help/pages/probate.aspx
- Oregon Intestate Succession Statute: https://www.oregonlegislature.gov/bills_laws/ors/ors112.html
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Oregon intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Oregon Wills & Probate Guides
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- Oregon Small Estate Affidavit
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.