What Happens When Someone Dies Without a Will in Oregon?

How Does the Court Select a Personal Representative Without a Will?

The personal representative is responsible for managing the estate’s assets during probate. By naming a personal representative in your will, you’re able to select someone you trust to take on this important role. In the absence of a will, the court will need to select a personal representative through other means.

Oregon law (ORS 113.085) establishes preference in appointing a personal representative. First preference goes to the person named in the will. After that, preference goes to a surviving spouse, followed by other family members who would be entitled to inherit under intestate succession laws. In some cases, the Director of Human Services, the Direct of the Oregon Health Authority, an attorney or the Department of Veterans Affairs may serve as the personal representative.

Read more about personal representatives and what they do.

What Does the Personal Representative Do When There’s No Will?

The personal representative’s duties are similar regardless of whether there’s a will. Once the personal representative has been approved by the court, he or she will need to manage the estate’s assets. This may include:

• Conducting an inventory of all assets included in the estate
• Obtaining valuations for assets
• Identifying creditors and notifying them of the death
• Publishing a notice to creditors
• Paying valid debts and taxes
• Identifying the beneficiaries of the estate
• Distributing the remaining assets to the beneficiaries of the estate

The main difference is that when there is a will, the personal representative identifies the beneficiaries of the estate and distributes the assets according to the will. When there is no will, the personal representative must follow state intestate succession laws instead.

How Do Oregon Intestacy Laws Work?

Oregon intestate succession laws (ORS 112.025 to 112.055) determine how the assets of an estate are distributed when there is no will.

A surviving spouse may be entitled to the entire net estate. However, if a person leaves behind descendants who are not also descendants of the surviving spouse, the estate is divided. When there is no spouse or descendants, the estate passes to other family members, starting with the parents, and then to siblings, and then to other relatives following a strict line of succession.

What If Intestate Succession Does Not Reflect the Person’s Wishes?

For some families, intestate succession laws may not be ideal. For example, an estate may pass to estranged relatives instead of close friends who took care of the deceased and were like family. In other scenarios, intestate succession laws may mean that assets are distributed evenly among adult children even though their needs are not the same.

This is one reason why it’s important to create a will and keep it updated. Intestate succession follows logical patterns, but real families can be far more complicated. You can ensure your wishes are known by creating a will.

What Happens If There Are No Family Members?

In rare cases, a person dies without a will and there are no surviving relatives to inherit the estate. When this happens, the estate escheats to the state. This means that the state receives ownership of the assets.

This situation can be avoided with a will. Even if you don’t have any living family members, you can name friends or organizations to inherit your assets. You can also include a backup provision that names an organization as the beneficiary of your estate if all your other beneficiaries predecease you.