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Dying Without A Will

ORS 112.025 to ORS 112.045 — the spouse takes all unless there are children from outside the marriage

Who survivesThe surviving spouse's share
Who survivesA spouse and descendants, all of whom are also the spouse'sThe surviving spouse's shareThe entire net intestate estate
Who survivesA spouse and descendants, one or more of whom are not the spouse'sThe surviving spouse's shareOne-half of the net intestate estate
Who survivesA spouse and no descendantThe surviving spouse's shareThe entire net intestate estate
  • ORS 112.025
  • ORS 112.035
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  • 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.
  • ORS 112.045

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.

  • ORS 112.045

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.

  • ORS 112.045
Sources for this section (3)
  1. ORS 112.025 — Share of surviving spouse if decedent leaves descendants
  2. ORS 112.035 — Share of surviving spouse if decedent leaves no descendant
  3. 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.

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