OR risk area

Intestacy risk in Oregon

How assets are distributed when there is no will and state default rules control the outcome.

Oregon intestacy gives the surviving spouse the entire estate in some cases; otherwise the spouse receives a share of the estate based on whether all descendants are shared.

Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?

At a glance

Key takeaways

If the decedent is survived only by the spouse or by descendants who are also the spouse’s, the spouse receives the entire estate.
If the decedent has descendants not also descendants of the spouse, the spouse receives one-half of the estate.
If there are no descendants, the estate passes to parents, then siblings and their descendants.
An heir must survive the decedent by 120 hours to inherit under intestacy.

Questions to consider

Questions this risk area helps you evaluate in Oregon

Who inherits first if there is no will?
How do spouse and children shares change by scenario?
What are the most common surprises families face?

State overview

Oregon intestacy gives the surviving spouse the entire estate in some cases; otherwise the spouse receives a share of the estate based on whether all descendants are shared.

If the decedent is survived only by the spouse or by descendants who are also the spouse’s, the spouse receives the entire estate.
If the decedent has descendants not also descendants of the spouse, the spouse receives one-half of the estate.
If there are no descendants, the estate passes to parents, then siblings and their descendants.
An heir must survive the decedent by 120 hours to inherit under intestacy.

Sources

Risk sources

Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.

National sources provide baseline context; state statutes and court rules control in Oregon.

Back to risks State overview