Detailed Answer
Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed Oregon attorney for guidance on your specific circumstances.
When a parent dies owning real property solely in their name, the property becomes part of their estate. It doesn’t pass automatically to heirs. You must identify the rightful owner(s) through probate or another authorized transfer. Follow these steps to determine ownership under Oregon law:
1. Locate a Will or Trust Document
Search your parent’s personal papers, safe deposit box, or with their attorney for a will or living trust. A valid will names an executor and outlines how to distribute property. If the property was transferred into a living trust, it may pass to beneficiaries outside of probate.
2. Understand Intestate Succession Rules
If no valid will exists, Oregon’s intestate succession law governs. Under ORS 112.017, the estate passes in this order:
- The surviving spouse
- Children equally
- Parents or siblings if no spouse or children
- Other relatives as specified
3. Open a Probate or Administration Case
Because real property normally requires full probate, file a petition for appointment of a personal representative in the circuit court of the county where the property lies. See ORS 114.265 for the petition procedure. The court appoints an executor (if there’s a will) or an administrator (if there’s no will).
4. Obtain Letters of Administration or Testamentary Letters
Once appointed, the personal representative receives official letters from the court. These letters give authority to manage and transfer estate assets, including real property.
5. Record a New Deed
After the court approves distribution, the personal representative executes and records a new deed transferring title to the heir(s) or beneficiary(ies). Record the deed with the county recorder’s office to complete the transfer.
Helpful Hints
- Search County Records: Contact the county recorder or clerk’s office to review recorded deeds, wills, and probate filings.
- Consult the Named Executor: If a will names an executor, they can guide you through the probate steps.
- Consider Small Estate Procedures: Oregon allows simplified transfer for personal property under ORS 114.705, but real estate typically requires full probate.
- Check for Joint Tenancy: If the deed included a joint tenant with right of survivorship, property may pass directly to the surviving joint tenant.
- Use a Title Company: A title company can produce a title report showing current ownership, liens, and any encumbrances.