07/02/2025
“Heirs” are specific family members who have a right to inherit a share of your property. Each state has laws that list the order of heirs, called "laws of intestate succession." If you die without a will (“intestate”), your state’s laws determine how your estate is distributed. A lot of people think their spouse gets everything, yet only a handful of states have adopted this approach. Another traditional outcome gives one-third to one-half to the spouse, with the children dividing the rest. Oregon gives your entire estate to your surviving spouse, unless you have children from a prior relationship, in which case your spouse gets half and all of your children share in the other half.
What if you aren’t married and don’t have children? In Oregon, you may be surprised to find that your parents are your heirs. In some states even the parents of your late spouse are in line, or a biological parent who gave you up for adoption.
Of course we’re not talking about any assets that you own jointly with your spouse, or assets that have beneficiaries. Federal law automatically awards your 401(k) and other workplace pension plans to your current spouse, unless he or she has signed a form waiving rights to them. Your spouse gets that jointly owned house, too, and any other jointly owned accounts.
Having a will is arguably one of the most important things you can do for yourself and your family. Not only can a will legally protect your spouse, children, and assets, it can also spell out exactly how you would like things handled after you have passed on. Don’t leave it to chance. Get a will written and sign it.
