Who Inherits When There’s No Will in Oregon? (Understanding Intestacy)
If you die in Oregon without a valid will, the state steps in with a plan of its own. It’s called intestacy, and it follows a rigid formula to determine who inherits your property—regardless of your personal relationships, preferences, or common sense.
At Track Town Law, I talk to clients every week who assume things will “just go” to the right people. But Oregon’s intestacy laws often produce outcomes that are surprising at best—and disastrous at worst.
Here’s what you need to know about dying without a will in Oregon.
What Does “Intestate” Mean?
To die intestate means you passed away without a valid will. That doesn’t mean your property disappears—it just means the Oregon legislature decides who gets what, and how.
This default system creates what is essentially a state-written estate plan, and it doesn't take into account second marriages, estranged siblings, unmarried partners, stepchildren, or blended families.
Oregon’s Intestacy Formula, in Plain English
The rules vary depending on your family structure. Here’s a simplified snapshot:
If you're married with no children from other relationships, your spouse typically inherits everything.
If you're married but have children from a prior relationship, your spouse gets half and your children split the other half.
If you're unmarried, your estate passes to your children. If you have none, then to your parents, siblings, and so on—down a bloodline, not across emotional ties.
The law doesn’t recognize your wishes unless they’re legally documented. And the people you care about most may have no standing at all if they’re not part of the statutory family tree.
Who’s Left Out?
Plenty of people you might think would inherit automatically are actually excluded under Oregon intestacy law:
Unmarried partners (Oregon doesn’t recognize common-law marriage)
Stepchildren (unless legally adopted)
Close friends
Caretakers or companions
Charities or faith communities
If you want any of these individuals or entities to inherit, you need to name them in a will or trust. Otherwise, they receive nothing—no matter how central they were in your life.
The Risk of Family Conflict
Without a named executor or clear instructions, your estate opens the door to:
Competing petitions for who should serve as personal representative
Disputes over personal property or family heirlooms
Lawsuits between half-siblings, second spouses, or long-lost relatives
Partition actions if heirs co-inherit property like a cabin or family land and can’t agree what to do with it
Even modest estates can take 18 months or more to resolve when intestacy and conflict collide.
What About Minor Children?
If you haven’t named a guardian in a will, any interested party—including extended relatives—can petition the court. The judge will make the call based on evidence, home studies, and occasionally, the child’s stated preference.
Without guidance from you, this can become an expensive, divisive, and traumatic process. And it’s avoidable.
How to Avoid Intestacy in Oregon
The fix is simple: make a valid will.
In Oregon, that means:
You must be at least 18 and of sound mind
You must sign in the conscious presence of two disinterested witnesses
A notary is optional—but does not replace the witnesses
It's also important to store the original in a fire-safe location and let your personal representative know where to find it. Digital copies are not enough.
And if you want to create a more robust plan—including trusts, tax planning, or protection for vulnerable heirs—talk to an estate planning attorney who can help tailor the documents to your actual life.
(And yes, I offer flat-fee estate planning, so you’ll know exactly what it costs up front.)
Final Thought
You may think you don’t need a will because your life is simple. But Oregon’s laws weren’t written for your life. They were written for statistical averages, and they can create real chaos for families trying to grieve and sort through assets without clear instructions.
If you don’t want the state deciding who inherits your property, it’s time to put a plan in writing.
You can schedule your free consultation here—no pressure, no guesswork, just the first step toward clarity.
