What Happens If You Die Without a Will in Oregon?
Without a will in Oregon, a surviving spouse takes the entire estateORS § 112.025Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationORS § 112.065Verified Sep 10, 2026View source.
Oregon intestacy law decides. Oregon follows separate property rulesORS § 112.025Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Siblings and their descendants; Grandparents and their descendants; Escheat to the State of OregonORS § 112.025Verified Sep 10, 2026View source.
The surviving spouse's share in Oregon depends on the family. With no children: Entire estateORS § 112.025Verified Sep 10, 2026View source. With shared children: Entire estateORS § 112.025Verified Sep 10, 2026View source. When a child from a prior relationship survives: Half of the estateORS § 112.025Verified Sep 10, 2026View source.
Oregon divides per capita with representationORS § 112.065Verified Sep 10, 2026View source: shares are set at the nearest generation with a surviving heir, heirs of equal degree take equal shares, and a deceased heir's share passes to that heir's own descendants.
Oregon requires an heir to survive the decedent by 120 hoursORS § 112.572Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir.
Under Oregon intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. In Oregon, however, Registered domestic partners (registration is open to any unmarried adult couple with at least one Oregon resident)ORS § 106.340(1); ORS § 106.310(1)Verified Sep 10, 2026View source inherit with the same rights as a surviving spouse. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Oregon will signing requirements set out what a valid will takes.
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Inheritance
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Death of a Parent
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Divorce
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Learn moreForms for Planning and Settling an Estate in Oregon
Free Oregon forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Notice to Creditors
In Oregon, the notice to creditors is published for 1ORS §§ 113.155, 115.003, 115.005, 115.125Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 4 monthsORS 115.005Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Oregon, a person named as personal representative may renounce the right to serveORS 113.085(1)Verified Sep 23, 2026View source before anyone is appointed.
Estate Inventory
In Oregon, the personal representative files the estate inventory within 90 daysORS 113.165, ORS 113.175Verified Sep 15, 2026View source of appointment.
Estate Closing
In Oregon, the personal representative is discharged by court orderORS 116.113, ORS 116.213, ORS 116.208(4)Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Oregon, a will is signed before 2ORS 112.235Verified Oct 19, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitORS 112.235Verified Oct 19, 2026View source.
Healthcare Power of Attorney
Oregon allows a choice for a healthcare power of attorney: 2ORS 127.527 (HCR appointment), ORS 127.529 (comprehensive advance directive; form text set by 2021 c.328 §2 / SB 199 2021)Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
Oregon treats a power of attorney as durable by defaultORS 127.002 (defs; 2023 c.9 §8); ORS 127.005–127.045 (2009 c.46; 2018 c.36; 2021 c.272); ORS 93.670Verified Sep 20, 2026View source, and it is signed with no witness or notary requirementORS 127.002 (defs; 2023 c.9 §8); ORS 127.005–127.045 (2009 c.46; 2018 c.36; 2021 c.272); ORS 93.670Verified Sep 20, 2026View source.
Tools for Planning and Settling an Estate in Oregon
Free calculators and checklists for planning or settling an estate in Oregon: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Oregon costs an estimated $24,214ORS 116.183 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.2%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Oregon allows you to name your own agent in advanceORS 97.130(3), (4), (8)Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Oregon levies an estate taxORS 118.010Verified Sep 15, 2026View source above $1,000,000ORS 118.010Verified Sep 15, 2026View source (top rate 16%ORS 118.010Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Oregon, beneficiaries owe no inheritance tax and the estate pays any estate taxORS 118.010Verified Sep 15, 2026View source above $1,000,000ORS 118.010Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Oregon take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Oregon costs an estimated $24,214ORS 116.183 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 4 months to 6 months for a simple estate, with attorney fees of typically 2%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.2%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $75,000ORS 114.510Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Oregon sets executor compensation by statute — about $10,630 on a $500,000 estate, roughly 2.1%ORS 116.173 (7% first $1K, 4% $1K-$10K, 3% $10K-$50K, 2% over $50K, on property subject to the court’s jurisdiction; +1% of non-jurisdictional property, exclusive of life insurance proceeds, reportable for Oregon or federal estate tax; + reasonable for extraordinary services)Verified Sep 8, 2026View source.
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Oregon Estate Planning Resources
In-depth guides covering Oregon probate laws, trust requirements, and estate planning strategies.