Oregon next of kin laws

Understanding Next of Kin Order in Estate Inheritance

Navigating the complexities of death and inheritance is never easy, especially when emotions dash high. This is where a clear understanding of "next of kin order" becomes crucial.

Although you might be unfamiliar with this legal term, it dictates who has authority and responsibility during those challenging times and, importantly, how a deceased person's assets are distributed. In this article, we will explain everything you need to know about "next of kin order," its significance, and how it can impact your life.

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Understanding Next of Kin Order

Put simply, "next of kin order" refers to a hierarchy of family relationships used to judge the closest living relative of a deceased person, often referred to as the decedent. This legal concept plays a vital role in scenarios like estate administration, inheritance, making medical decisions for incapacitated individuals, and even managing funeral arrangements. Although the order can vary slightly by state law, it usually follows a general framework.

Next of Kin Hierarchy:

The next of kin is generally structured in the followin

Chapter 112 — Intestate Succession and Wills

2023 EDITION

INTESTATE SUCCESSION AND WILLS

PROBATE LAW

INTESTATE SUCCESSION

112.015 Net intestate estate; effect of exclusion by will

112.025 Share of surviving spouse if decedent leaves descendants

112.035 Share of surviving spouse if decedent leaves no descendant

112.045 Share of others than surviving spouse

112.047 Forfeiture of parent’s share by reason of termination of parental rights or desertion or neglect

112.049 Petition for forfeiture of parent’s share

112.055 Escheat

112.058 Preferences and presumptions in escheat proceedings

112.065 Passage by representation

112.077 Time of determining relationships; application to different circumstances of conception

112.095 Persons of the half blood

112.105 Succession where parents not married

112.115 Persons related to decedent through two lines

ADVANCEMENTS

112.135 When gift is an advancement; valuation of advancement

112.145 Effect of adva

Intestate Succession in Oregon

When you pass away, your affairs must be settled and your assets must be passed on. If you leave a valid Will, your Will indicates who inherits from you and what they receive. However, if you pass away without a valid Will, you are considered “intestate.” In that situation, Oregon’s rules of intestate succession will apply to you and your estate.

Oregon’s rules of intestate succession establish a hierarchy for who will inherit from you. Basically, the rules leave your estate to your closest surviving relatives. The order of the hierarchy starts with your spouse (if you are married), then your children, your grandchildren, your parents, your siblings, aunts and uncles, cousins, and so on. If you have absolutely no surviving relatives, the State of Oregon inherits from you.

One common complication is if you are married but have children from a prior relationship. In that scenario, your spouse would inherit a portion of your estate and your children from the prior relationship would share the remainder of your estate.

Children by adoption and other relatives by adoption are treated the same as biological chil

Oregon Probate | Inheritance Advances in Oregon

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Oregon Probate Process

When an Oregon resident dies, the state probate courts begin the probate process to ensure the deceased assets and belongings are distributed properly. First, the court appoints a representative called an executor, gathers and documents all belongings and money associated with the estate, pays outstanding debts and considers any existing wills. Once these responsibilities are complete, the court allows heirs to receive their inheritance.

The specific steps for settling an estate in Oregon include:

Personal representative selection: This individual is in charge of handling all the decedent’s personal affairs.
Creditor and heir notification: The personal representative will publish a notice indicating that creditors have four months to bring claims for debts against the estate. All heirs listed in the will receive notification of the probate proceedings.
Asset identific

next of kin
A person’s next of kin is their closest living blood relative, including spouses and adopted family members. The designation as next of kin is important in the context of intestate succession, as a decedent’s next of kin is prioritized in receiving inheritance from the decedent’s estate. A person’s next of kin must also be determined to notify family members of the person’s death, as is outlined in statutes such as OR Rev Stat § 146.109 in the state of Oregon.
A person’s next of kin must give directions on how the body will be laid to rest (see right of disposition), and can authorize autopsies if necessary. In the context of hospitalizations, HIPAA Privacy Rules also authorize the notification of next of kin when a patient has been admitted, if that patient does or would consent to their notification. This is both to notify family members of the person’s status as a patient and to have a person who can consent to procedures on behalf of the hospitalized person.
[Last reviewed in October of 2023 by the Wex Definitions Team]
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