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If you pass away intestate, how is your property divided?

If you pass away intestate, how is your property divided?

Full question:

My father and his sister inherited some land from there now deceased parents, the land was unable to be divided as the will designated, so they have owned it jointly. His sister passed away intestate. My question is now that she has passed away how would the property be divided? Does her share go to her husband? Or is it divided between her husband and her children?

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

Answer:

The following is an Oregon statute:

112.025 Share of surviving spouse if decedent leaves issue.

If the decedent leaves a surviving spouse and issue, the intestate
share of the surviving spouse is:

(1) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the entire net intestate estate.

(2) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the net intestate
estate.

[1969 c. 591 § 20; 1987 c. 329 § 1]

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do you divide inherited land between siblings?

When inherited land is passed down to siblings, it is typically divided equally among them unless otherwise specified in a will. If there is no will, state intestacy laws apply. In Oregon, if the property was jointly owned, the surviving owner may retain their share, while the deceased's share would be divided according to intestate succession rules. This means it could go to their spouse and children, depending on the family situation.

How long does an heir have to claim their inheritance?

In Oregon, there is no specific time limit for an heir to claim their inheritance. However, it is advisable to act promptly to avoid complications. If property needs to be probated, the process must be initiated within a reasonable time after death, typically within three years for claims related to the estate. Delays can complicate matters, so seeking legal advice early is recommended.

How do you divide inherited land?

Inherited land is generally divided according to the terms of a will or, if there is none, by state intestacy laws. In Oregon, if a person dies intestate, their property is divided among surviving relatives, typically the spouse and children. If there are no children, the spouse may inherit the entire property. If there are children from a previous relationship, the spouse and children will share the estate.

What happens when siblings inherit land?

When siblings inherit land, they typically become co-owners of the property. They may decide to sell the land, keep it jointly, or divide it if possible. If one sibling wants to keep the land while others wish to sell, negotiation or legal action may be needed. In Oregon, if the land cannot be divided, it may need to be sold, and proceeds distributed among the siblings.

Who is first in line for inheritance?

In Oregon, the first in line for inheritance are the deceased's spouse and children. If there is a surviving spouse, they typically inherit the majority of the estate. If there are children from a previous relationship, the spouse may receive half, while the children inherit the other half. If there are no spouse or children, other relatives may be considered, following the state's intestacy laws.

What happens when siblings inherit property?

When siblings inherit property, they become joint owners. They must agree on how to manage or dispose of the property. If disagreements arise, they may need to seek mediation or legal intervention. In Oregon, if the property can't be divided, it may be sold, and the proceeds split among the siblings according to their respective shares.