Dying Without A Will
ORS 112.025 to ORS 112.045 — the spouse takes all unless there are children from outside the marriage
| Who survives | The surviving spouse's share |
|---|---|
| Who survivesA spouse and descendants, all of whom are also the spouse's | The surviving spouse's shareThe entire net intestate estate |
| Who survivesA spouse and descendants, one or more of whom are not the spouse's | The surviving spouse's shareOne-half of the net intestate estate |
| Who survivesA spouse and no descendant | The surviving spouse's shareThe entire net intestate estate |
- To the decedent's descendants, by representation.
- If there is no surviving descendant, to the decedent's parents.
- If there is no descendant or parent, equally to the decedent's brothers and sisters, and to the descendants of any who died.
- If there is none of those, equally to the grandparents, and to the descendants of any grandparent who died.
That is the order in which the part of the estate not passing to a spouse goes. Surviving parents or grandparents who are married to each other take real property as tenants by the entirety and personal property jointly with a right of survivorship.
These sections govern only what passes without a will. Property that passes by beneficiary designation, joint ownership or a trust is not on this page, and neither are the rules for representation or for an estate with no heirs. How a particular estate divides is a question for a licensed Oregon attorney.
Sources for this section (3)
- ORS 112.025 — Share of surviving spouse if decedent leaves descendants
- ORS 112.035 — Share of surviving spouse if decedent leaves no descendant
- ORS 112.045 — Share of others than surviving spouse
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.