Affidavit of Heirship in Oregon
Whether Oregon lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: No statute provides a stand-alone affidavit of heirship for real estate. Determination of heirship is part of the probate court's jurisdiction, and a petition to determine heirship can be filed in the estate proceeding. ORS 111.085; 114.515
| Affidavit / determination of heirship | No statute provides a stand-alone affidavit of heirship for real estate. Determination of heirship is part of the probate court's jurisdiction, and a petition to determine heirship can be filed in the estate proceeding. For smaller estates, Oregon's simple estate affidavit can include real property (up to $200,000 of real property and manufactured homes, and $75,000 of personal property) and is filed with the probate court clerk. Simple estate affidavit: https://www.oregonlegislature.gov/bills_laws/ors/ors114.html Source: ORS 111.085; 114.515 |
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| Who inherits without a will | Surviving spouse: the entire estate if all of the decedent's descendants are also descendants of the surviving spouse, or if there are no descendants; one-half if any descendant of the decedent is not a descendant of the surviving spouse. The rest (or everything, if there is no spouse) passes to descendants by representation; if none, to parents; if none, to brothers and sisters and the descendants of deceased siblings; if none, to grandparents and their descendants. If no relative takes, the estate goes to the State of Oregon. |
More Oregon estate law
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- Quitclaim Deeds and Transferring Property in Oregon
- Who Inherits If You Die Without a Will in Oregon
- How to Make a Valid Will in Oregon
- How Probate Works in Oregon
- Living Wills and Advance Directives in Oregon
- Revocable Living Trusts in Oregon
- Executor Duties in Oregon
- Letters Testamentary in Oregon
- How to Avoid Probate in Oregon
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- All Oregon wills, probate and estate rules
FAQ
Does Oregon have an affidavit of heirship?
No statute provides a stand-alone affidavit of heirship for real estate. Determination of heirship is part of the probate court's jurisdiction, and a petition to determine heirship can be filed in the estate proceeding. For smaller estates, Oregon's simple estate affidavit can include real property (up to $200,000 of real property and manufactured homes, and $75,000 of personal property) and is filed with the probate court clerk.
Who inherits if someone dies without a will in Oregon?
Surviving spouse: the entire estate if all of the decedent's descendants are also descendants of the surviving spouse, or if there are no descendants; one-half if any descendant of the decedent is not a descendant of the surviving spouse. The rest (or everything, if there is no spouse) passes to descendants by representation; if none, to parents; if none, to brothers and sisters and the descendants of deceased siblings; if none, to grandparents and their descendants. If no relative takes, the estate goes to the State of Oregon.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.