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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 heirshipNo 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
Who inherits without a willSurviving 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

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.