When an Oregonian dies without a Will, the state has one prepared for them. It's called the intestacy statute, and it's almost certainly not the will you would have written.
Who inherits, and in what order.
Oregon's intestacy law works through a fixed hierarchy. A surviving spouse and any descendants of the marriage typically share the estate first; if there are descendants from a previous relationship, the spousal share is reduced. If there's no spouse or descendants, the estate goes to parents, then siblings, then more distant relatives.
The statute does not consider the quality of relationships, the length of a marriage, or the wishes the deceased may have expressed verbally. It is a formula, applied uniformly.
Who is excluded by default.
- Unmarried partners. Receive nothing, regardless of how long the relationship lasted.
- Stepchildren. Receive nothing unless legally adopted.
- Close friends. Receive nothing.
- Charities. Receive nothing.
- Ex-spouses' children you've raised. Receive nothing without adoption or a Will.
Who decides who raises your children.
If you have minor children and no will, an Oregon judge will decide who serves as guardian. The judge will consider relatives' petitions, hear competing claims, and make the call based on the legal standard of the child's best interests, but without your written voice in the matter.
How long it takes.
An intestate probate in Oregon typically runs six to eighteen months from filing to distribution. Costs include filing fees, publication notices, the Personal Representative's fee, and attorney fees, all paid from the estate before anything reaches heirs.
A Will takes a fraction of the time and cost intestacy will cost your family later.
For most Oregon families, a properly drafted will (or a Will paired with a Revocable Living Trust) takes a few weeks to prepare. The cost is a fraction of what intestacy will charge your family in time, fees, and uncertainty.
If you have questions about how this fits into your own plan, the right next step is a focused two-hour consultation to design your plan with a clear flat-fee quote before any work begins.