The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Oregon with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
How intestacy works in Oregon
When someone dies in Oregon without a valid will, ORS 112.015 et seq. decides who inherits. The statute orders potential heirs by their relationship to the deceased — spouse and children first, then parents, then more distant relatives — and specifies exactly what share each one receives.
Oregon is a common-law (separate property) state, so there is no community-property split; the shares below apply to the whole net intestate estate.
What happens when there’s a surviving spouse only (no children, no parents)
Spouse inherits the entire net intestate estate (ORS 112.035).
What happens when there’s a surviving spouse and children
This is the most common situation and where Oregon’s rules get specific:
If all of the decedent's surviving descendants are also descendants of the surviving spouse, the spouse takes the entire net intestate estate. If one or more of the decedent's descendants are not the spouse's, the spouse takes one-half and the descendants share the other half by representation (ORS 112.025).
For families where everyone is from the same marriage, the spouse generally gets a meaningful share. For blended families — where one or more children are from a prior relationship — many states change the math substantially. If your situation might fit that, the section above is exactly the rule that applies.
What happens when there’s a surviving spouse and parents (no children)
Spouse inherits the entire net intestate estate; the decedent's parents take nothing when there is a surviving spouse and no descendants (ORS 112.035).
What happens when there are children but no spouse
Entire estate to the decedent's descendants by representation (ORS 112.045).
What happens when there’s no spouse and no children
Order of inheritance: descendants → parents → brothers and sisters and their descendants by representation → grandparents and their descendants (next of kin, not extending beyond the descendants of grandparents) → escheat to the State of Oregon (ORS 112.045; ORS 112.055).
This is where intestacy starts producing results that often surprise people — distant relatives the deceased may not have been close to can end up inheriting, and a long-time unmarried partner inherits nothing.
A Oregon-specific quirk
Oregon is unusually generous to the surviving spouse: when every child is also the spouse's, the spouse takes 100% and the children inherit nothing directly. Oregon also lets a parent's intestate share be forfeited for desertion or neglect of the decedent, or where parental rights were terminated (ORS 112.047).
What intestacy can’t do (and why it usually fails most people)
Even when Oregon’s intestacy rules produce a result close to what someone would have chosen, the rules can never:
- Leave anything to an unmarried partner — intestacy doesn’t recognize unmarried partners regardless of relationship length
- Leave anything to a step-child you didn’t formally adopt
- Leave anything to a friend, charity, or specific person outside your family
- Name a guardian for your minor children — a Oregon judge picks
- Specify who handles your estate — a court appoints an administrator
- Identify specific items for specific people
- Account for blended-family dynamics in nuanced ways
- Reduce probate costs and time — intestate estates still go through full probate
For most Oregon families, a basic will — costing $300 to $1,500 with a local attorney, or $50 to $300 with an online service — is meaningfully better than the default rules.
What probate looks like in Oregon when there’s no will
If someone dies intestate in Oregon, the estate still goes through probate. A court appoints an administrator (rather than an “executor” — the title is different for intestacy) to:
- Inventory the estate’s assets
- Notify creditors and pay debts
- Identify legal heirs under Oregon’s intestacy statute
- Distribute remaining assets to heirs according to the statute
For details on what probate costs and how long it takes in Oregon, see:
- How Much Does Probate Cost in Oregon?
- How Long Does Probate Take in Oregon?
- How to Avoid Probate in Oregon
What to do this week if you don’t have a will
The most useful single move for any Oregon adult without a will:
- Write a basic will. Either through an online service ($50-$300) or a local attorney ($300-$1,500). Name an executor, name a guardian for any minor children, and specify who inherits what.
- Update beneficiary designations on retirement accounts, life insurance, and POD/TOD bank accounts. These pass outside both the will and intestacy.
- Sign a financial power of attorney and a healthcare directive. These handle incapacity (not death) and prevent your family from needing court-appointed guardianship.
For a Oregon family with a typical estate, this whole package usually costs under $1,500 and takes a couple of weeks of intermittent work. It’s substantially cheaper and less stressful than what happens if you don’t do it.
Related reading
- Do I Need a Will? — the honest decision
- How to Write a Will (and What Makes It Valid)
- What Is Probate?
- How to Avoid Probate
- Estate Planning Checklist
- Beneficiary Designations
- Power of Attorney Explained
This page explains Oregon intestacy law in general terms as of 2026. It is not legal advice; intestacy provisions, dollar thresholds, and statute citations can change. Confirm current rules with a licensed Oregon attorney before relying on this page. Sources: ORS 112.025 (share of spouse if decedent leaves descendants), ORS 112.035 (share of spouse if no descendant), ORS 112.045 (share of others than surviving spouse), ORS 112.055 (escheat).