Losing a loved one is never easy, but it can be challenging when the family realizes the deceased did not have a will. The foundation of any comprehensive estate plan, a will is a legally binding document where you can bequeath property to loved ones, name an executor, establish guardianship over minor children, and state any last wishes regarding funeral arrangements. Fortunately, every state recognizes that not all estates will be accompanied by a will. In these scenarios, the laws of intestate succession will apply instead. Below, the legal team at Stayton Law explains the basics of these statutes in Oregon. 

Getting Started

If there is no will, that means there is no executor either. Under Oregon’s laws of intestate succession, the state will provide a list of eligible individuals who can take on the role. Typically, a surviving spouse or domestic partner will be the first choice, but an adult child can also be considered.

The executor will begin by inventorying assets and setting aside those that would not have been passed through a will anyway. This includes property transferred to a living trust, life insurance payouts, retirement funds, payable-on-death bank accounts, and jointly owned property. 

Distributing Assets

The laws of intestate succession allow for spouses, registered domestic partners, and blood relatives to inherit assets. There is essentially a hierarchy of beneficiaries, and one party’s share is dependent on how many other eligible parties there are. If you are married and die without a will, your spouse will inherit everything unless you have at least one descendant who also isn’t a descendant of your surviving spouse.

If you had a child from a prior marriage, for example, your spouse and the child will split all intestate property equally. Since determining precisely who is entitled to what is often challenging, especially if the deceased had a complicated family dynamic, it is wise to hire an attorney who has experience settling estates without wills.    

If you recently lost a loved one who did not have a will, turn to Stayton Law in Willamette Valley for comprehensive legal advice. Led by Jennifer L. Tiger, who has practiced law for more than 18 years, this firm helps clients resolve many issues. In addition to settling estates with no wills, they also draft corporate contracts, navigate real estate transactions, fight DUI charges, and resolve employment law disputes. Visit the website to learn more about the practice’s rich history, or call (503) 769-7741 to schedule an initial consultation.