Who Inherits If You Die 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.

A surviving spouse of a decedent domiciled in Oregon may elect to take an elective share of the augmented estate instead of what the will provides. The percentage depends on the length of the marriage: 5% if married less than 2 years, rising 2% per year, up to 33% for a marriage of 15 years or more. The election must be made by motion or petition in the probate proceeding filed within nine months after the decedent's death. Oregon is not a community property state.

Oregon calls this a 'simple estate affidavit,' filed with the probate court clerk. It may be used if no more than $75,000 of the estate's fair market value is personal property (other than manufactured homes) and no more than $200,000 is real property and manufactured homes ($275,000 in total). Values are fair market value without reduction for liens or debts, generally as of the date of death. Real property may be included. It may not be filed until 30 days after the death (the court's instructions state 60 days for a creditor). Heirs or devisees, a personal representative named in the will, or certain state agencies may file; a person disqualified to serve as personal representative or convicted of a felony may not. Creditors may present claims to the affiant within four months after the affidavit is filed.