Does an intestate estate automatically go to a surviving spouse?

In Oregon, an intestate estate (an estate that is not subject to a will) does not automatically go to a surviving spouse. Instead, intestate succession laws dictate how the estate is distributed to the heirs. In Oregon, the surviving spouse receives the entire estate if there are no surviving children, parents, or siblings. If there are surviving children, then the surviving spouse will receive the first $145,000 in addition to one-half of the remaining intestate assets. The other half of the assets are distributed to the surviving children, if there are no surviving parents or siblings. If there are surviving parents or siblings, then the surviving spouse will receive the first $30,000 in addition to one-half of the remaining intestate assets. The other half of the assets are distributed to the surviving parents and siblings in equal shares. If the intestate decedent was not married, then the deceased individual’s assets will be distributed to the closest relatives in the order set forth in Oregon’s intestate succession law. In summary, an intestate estate in Oregon does not automatically go to a surviving spouse. Rather, the assets of the estate are distributed according to the intestate succession laws of the state.

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Does an intestate estate automatically go to a surviving spouse?

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