What happens when someone dies without a will?

When someone dies without a will in Oregon, the estate is still subject to probate. Probate law states that the deceased’s assets will be distributed according to their state’s laws of intestacy. In Oregon, the order of preference is typically the decedent’s spouse, child, parent, sibling, grandparent, and so on. If there are no living relatives, the entire estate will be passed to the state. The probate process starts with filing of a petition with the county court. Depending on the type of assets involved, it can take several months and even more than a year for the court to determine who the rightful heirs are and how the estate will be distributed. In some cases, the probate court may appoint a personal representative to oversee the administration of the estate. The personal representative will be responsible for notifying potential heirs, collecting all the decedent’s assets, paying valid debts and taxes, and distributing the remaining assets according to the terms of the estate. In the case of someone who dies without a will in Oregon, the estate is generally distributed within one year. While the process may be intense and time consuming, it is important to be aware that the deceased’s assets will be passed on according to the rules of intestate succession.

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What happens when someone dies without a will?

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