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Oregon Intestacy Laws
These are selections from the Oregon intestate succession statutes.  (Chapter 112: Intestate Succession and Wills)

  Who gets the estate under these laws? The Intestacy Calculator™ shows you with a few clicks.


112.025 Share of surviving spouse if decedent leaves issue.

If the decedent leaves a surviving spouse and issue, the intestate share of the surviving spouse is:
(1) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the entire net intestate estate.


(2) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the net intestate estate.

112.035 Share of surviving spouse if decedent leaves no issue.

If the decedent leaves a surviving spouse and no issue, the surviving spouse shall have all of the net intestate estate.


112.045 Share of others than surviving spouse.

The part of the net intestate estate not passing to the surviving spouse shall pass:

 

(1) To the issue of the decedent. If the issue are all of the same degree of kinship to the decedent, they shall take equally, but if of unequal degree, then those of more remote degrees take by representation.


(2) If there is no surviving issue, to the surviving parents of the decedent.


(3) If there is no surviving issue or parent, to the brothers and sisters of the decedent and the issue of any deceased brother or sister of the decedent by representation. If there is no surviving brother or sister, the issue of brothers and sisters take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degrees take by representation.

(4) If there is no surviving issue, parent or issue of a parent, to the grandparents of the decedent and the issue of any deceased grandparent of the decedent by representation. If there is no surviving grandparent, the issue of grandparents take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degrees take by representation.
 

(5) If, at the time of taking, surviving parents or grandparents of the decedent are married to each other, they shall take real property as tenants by the entirety and personal property as joint owners with the right of survivorship.

112.055 Escheat.

(1) If no person takes under ORS 112.025 to 112.045, the net intestate estate escheats to the State of Oregon.

112.065 Representation defined.

“Representation” means the method of determining the passing of the net intestate estate when the distributees are of unequal degrees of kinship to the decedent. It is accomplished as follows: The estate shall be divided into as many shares as there are surviving heirs of the nearest degree of kinship and deceased persons of the same degree who left issue who survive the decedent, each surviving heir of the nearest degree receiving one share and the share of each deceased person of the same degree being divided among the issue of the deceased person in the same manner.

112.095 Persons of the half blood.

Persons of the half blood inherit the same share that they would inherit if they were of the whole blood.


  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?
The Oregon intestate succession statutes may be found in full by selecting this link.  (Chapter 112: Intestate Succession and Wills)


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