What the rule says
Oregon's intestacy framework, codified at Or. Rev. Stat. §§ 112.025-112.045, follows the Uniform Probate Code with Oregon-specific adjustments:
- Spouse and all descendants are mutual: The spouse takes the entire estate. - Spouse and at least one descendant from prior relationship: The spouse takes one-half. Descendants take the other half by representation. - Spouse but no descendants: The spouse takes the entire estate. Oregon does not give a parent-share when the spouse survives without descendants. - Descendants but no spouse: Descendants take the entire estate by representation. - No spouse and no descendants: Estate passes to parents, then siblings, then more remote relatives.
Oregon's framework is among the more spouse-favorable for mutual-descendants families, giving the entire estate to the surviving spouse — similar to Florida, Virginia, NJ, Colorado, and Minnesota.
What this means in practice
- Oregon resident dies without a will, leaving a surviving spouse and three mutual children. Estate $400,000. Spouse takes the entire $400,000. - Oregon resident dies without a will, leaving a surviving spouse and one child from prior relationship. Estate $400,000. Spouse takes $200,000 (1/2). Child takes $200,000. - Oregon resident dies without a will, no descendants, surviving spouse and parent. Estate $400,000. Spouse takes the entire $400,000. Parent takes nothing under intestacy.
What you can do about it
- Oregon will requirements (Or. Rev. Stat. § 112.235). A will must be in writing, signed by the testator, and signed by two witnesses. - Oregon does not generally recognize holographic wills. Limited exceptions for service members during military service. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under Or. Rev. Stat. § 114.600, a surviving spouse can elect against the will.
Who this affects most
Oregon's intestacy formula is most consequential for married Oregon residents in mutual-descendants families (favorable) and blended families (one-half rule applies). A will is the only mechanism to direct different distribution.