How is an estate divided in Oregon without a will?

Full question:

How is Estate divided if there is no will?

• Category: Wills and Estates
• Date: 04/07/2025
• State: Oregon

Answer:

If a person dies without a will in Oregon, their estate is divided according to intestacy laws. Here’s how it works:

1. **Surviving spouse with children**: If the decedent has a surviving spouse and children (issue), the spouse receives:

• All of the estate if all children are also the spouse's.
• Half of the estate if at least one child is not the spouse's.

2. **Surviving spouse without children**: If there’s a surviving spouse but no children, the spouse inherits the entire estate.

3. **Distribution to others**: If there’s no surviving spouse, the estate is divided as follows:

• To the children of the decedent, shared equally if they are of the same degree of kinship. If not, those of more remote degrees inherit by representation.
• If no children, to the surviving parents.
• If no children or parents, to the siblings and their children, also shared equally or by representation.
• If no children, parents, or siblings, to grandparents and their descendants, following the same rules.

4. **Special provision**: If the surviving parents or grandparents are married to each other, they inherit real property as tenants by the entirety and personal property as joint owners with survivorship rights.

These rules are outlined in Oregon Revised Statutes (ORS) 112.025, 112.035, and 112.045.