What is the process for determining an intestate estate?

In Oregon, the process for determining an intestate estate (a situation in which a person dies without leaving a valid will) depends upon who the decedent’s heirs are. If the decedent had a surviving spouse and/or children, the spouse and/or children will inherit the estate. If the decedent had no spouse or children, the decedent’s parents will inherit the estate. If the decedent had no spouse, children, or parents, the estate will pass to the decedent’s siblings. If the decedent had no spouse, children, parents, or siblings, the estate will be divided among the decedent’s nieces and nephews. If the decedent had no spouse, children, parents, siblings, or nieces and nephews, the estate will pass to the decedent’s grandparents. For an intestate estate in Oregon, the legal process is initiated when the executor of the estate (a person appointed by the court to distribute the assets of the estate)files a petition with the probate court. The executor must be approved by the probate court and must be a resident of the county in which the decedent’s estate is located. The executor must then take steps to identify, locate, and inventory all of the decedent’s assets. The estate then goes through a process of creditors being paid out, tax filings, and notification of heirs according to the laws of intestate succession. Finally, the executor distributes the estate assets to the appropriate heirs according to the laws of intestate succession.

Related FAQs

Is there a limit to the amount of inheritance tax owed on an intestate estate?
Are there any restrictions on who can receive assets from an intestate estate?
Can an intestate estate be divided among more than one heir?
Can creditors waive their rights to an intestate succession?
What is intestate succession law?
Does an intestate succession require probate court approval?
Does a surviving spouse have any special rights to an intestate estate?
Can a deceased person's debts be discharged in an intestate estate?
What happens to life insurance proceeds in an intestate succession?
How is an intestate estate divided among multiple heirs?

What is the process for determining an intestate estate?

Related FAQs

Related Blog Posts