When someone dies in Oregon without a valid will, Oregon intestate succession decides who inherits. The rules in ORS Chapter 112 send the estate down a fixed ladder: surviving spouse and children first, then parents, siblings, grandparents, and aunts, uncles, and first cousins. Only if no one in that chain survives does the property go to the state.
The Order Oregon Uses
Oregon works through relatives in this order, stopping at the first level with a surviving heir:
- Surviving spouse and/or descendants (children, grandchildren, and so on)
- Parents
- Siblings, and any children of siblings who died before the deceased
- Grandparents
- Aunts and uncles, and their children (the deceased’s first cousins)
- The State of Oregon, if no one above survives
The chain stops at first cousins. More distant relatives, such as second cousins or great-aunts, do not inherit under Oregon intestacy.1Oregon State Legislature. Oregon Revised Statutes 112.055 – Escheat
The Spouse’s Share Turns on One Question
How much a surviving spouse inherits depends on whether the deceased had any children from someone other than that spouse.
If the deceased had no descendants at all, or if every one of the deceased’s children is also a child of the surviving spouse, the spouse inherits the entire estate. If the deceased left at least one child from a different relationship, the spouse takes half and the descendants split the other half.2Oregon State Legislature. Oregon Revised Statute Chapter 112 – Intestate Succession and Wills
The half-share split is set by ORS 112.025(2). ORS 112.035 covers the different situation where the deceased leaves no descendants, in which case the spouse takes everything.
How Descendants Divide Their Share
When descendants inherit (either the whole estate or the half that does not go to a spouse), Oregon uses the representation method in ORS 112.065. The distribution starts at the generation closest to the deceased that has at least one living member. Equal shares are created at that level, including a share for any deceased member who left descendants of their own. Each deceased member’s share then drops down to their own descendants.2Oregon State Legislature. Oregon Revised Statute Chapter 112 – Intestate Succession and Wills
In practice, that means grandchildren inherit only when their parent has already died, and they split only their parent’s portion.
Oregon’s definition of “descendants” covers biological children, legally adopted children, and children born outside of marriage. Stepchildren do not inherit under intestacy unless they were legally adopted.
A child conceived before the deceased’s death but born afterward is treated as if alive at the time of death under ORS 112.075. The estate cannot be fully distributed until it is known whether that child will be born.3Justia. Chapter 112 – Intestate Succession and Wills
A large lifetime gift can reduce an heir’s share, but only if it was documented as an advancement. Either the deceased declared it in writing, or the heir acknowledged it in writing. Without that paperwork, the gift has no effect on the intestate calculation.4Oregon State Legislature. Oregon Revised Statutes 112.135 – When Gift Is an Advancement; Valuation of Advancement
Parents, Siblings, and More Distant Relatives
If no spouse or descendants survive, the estate goes to the deceased’s parents. Two surviving parents split it equally; one surviving parent takes all of it. Oregon does not weigh the quality of the relationship. An estranged or absent parent inherits the same share as one who was closely involved.5Oregon State Legislature. Oregon Revised Statutes 112.045 – Share of Others Than Surviving Spouse
With no surviving spouse, descendants, or parents, the estate passes to siblings. Full siblings and half-siblings inherit equally. If a sibling died before the deceased but left children, those nieces and nephews take their parent’s share by representation. If a sibling died without descendants, that share is redistributed among the surviving siblings.
Beyond siblings, ORS 112.045 continues to grandparents in equal shares, then to aunts and uncles, with first cousins stepping into the share of any aunt or uncle who predeceased the deceased. If no one within that chain is alive, the estate escheats to the State of Oregon after a diligent search for heirs that fits the size of the estate.1Oregon State Legislature. Oregon Revised Statutes 112.055 – Escheat
Assets That Never Follow These Rules
Intestacy only controls property that passes through probate. A large share of most people’s wealth transfers outside of probate to whoever is named on the account or deed, regardless of the intestacy chain.
- Bank accounts and real estate held in joint tenancy with right of survivorship pass to the surviving co-owner.
- Life insurance, 401(k)s, IRAs, and payable-on-death accounts go to the named beneficiary.
- Oregon transfer-on-death deeds send real estate to the named beneficiary if the deed was recorded before the owner’s death.
- Assets held in a revocable living trust pass under the trust’s terms.
This is the trap most families fall into. If a retirement account still lists an ex-spouse, that ex-spouse receives the money no matter what intestacy law says about the current spouse or children.
What Comes Out of the Estate Before Heirs Are Paid
Before any heir receives anything, the estate must pay funeral and burial expenses, administrative costs including personal representative compensation and attorney fees, valid creditor claims, and taxes. All creditors must be paid and all tax returns filed before a final distribution.6Oregon State Legislature. Oregon Revised Statute Chapter 114 – Administration of Estates
Oregon imposes its own estate tax on estates valued above $1 million, with rates ranging from 10% to 16%. That threshold is well below the federal exemption, so many Oregon families owe state estate tax even when no federal tax is due. As of early 2026, the $1 million floor remains in effect. The tax is paid from estate assets before distribution.
Extra Rights for a Surviving Spouse
Two protections sit alongside the basic intestate share.
Oregon gives a surviving spouse an elective share, which is a minimum percentage of an “augmented estate” that includes probate assets plus certain lifetime transfers. The percentage rises with the length of the marriage, from 5% for marriages shorter than two years up to 33% at 15 years or more.7Oregon State Legislature. Chapter 574 Oregon Laws 2009 A spouse who is already receiving the full intestate share rarely needs to invoke it, but it acts as a floor that pre-death planning cannot fully eliminate.
Separately, the surviving spouse and dependent children may continue living in the deceased’s principal home for one year after the death unless a court orders otherwise for good cause. A court can also order reasonable support payments from the estate during administration, lasting up to two years from the date of death, or one year if the estate appears insolvent. These payments are in addition to any intestate or elective share.6Oregon State Legislature. Oregon Revised Statute Chapter 114 – Administration of Estates
Registered Domestic Partners
Oregon registered domestic partners have the same inheritance rights as married spouses. The intestate share, the elective share, and the support rights during administration all apply. Every rule in this article that refers to a spouse applies equally to a registered domestic partner.
Small Estate Affidavit
Not every intestate estate needs full probate. As of January 2026, Oregon allows a small estate affidavit when the total estate is worth less than $275,000, with no more than $75,000 in personal property (excluding manufactured homes) and no more than $200,000 in real property and manufactured homes. Values are measured at fair market value before debts or liens. The affidavit cannot be filed until at least 30 days after the death.8Oregon Judicial Department. Instructions for Simple Estate Affidavit9Oregon State Legislature. Oregon Laws 2019 Chapter 165
The affidavit process is faster and cheaper than formal probate. Estates that exceed the caps must go through full probate administration in the circuit court, and in Oregon’s current housing market, any estate that includes a home usually will.