Oregon Agreement Between Heirs and Third Party Claimant as to Division of Estate

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Multi-State
Control #:
US-01111BG
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Word; 
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Description

Agreements among family members and claimants for the settlement of an intestate's estate will be upheld in the absence of fraud and when the rights of creditors are met. Intestate means that the decedent died without a valid will. The termination of any family controversy or the release of a reasonable, bona fide claim in an intestate estate have been held to be sufficient consideration for a family settlement.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Agreement Between Heirs and Third Party Claimant as to Division of Estate
  • Preview Agreement Between Heirs and Third Party Claimant as to Division of Estate
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FAQ

The Order of Inheritance Spouse; Children or if they are deceased, their issue; Parents; Brothers and sisters of the 'whole blood' (that is full siblings who share both a mother and a father) or, if deceased, their children (such children will divide their deceased parent's share between them);

In Oregon, if a person dies without a will, their assets are distributed ing to the state's laws of intestate succession. Under these laws, the deceased person's assets are distributed to their surviving spouse and children, or to their next closest relatives if they have no spouse or children.

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.

Children in Oregon Inheritance Law Intestate Succession: Spouses and ChildrenChildren but no spouse? Children inherit everythingSpouse but no children? Spouse inherits everythingSpouse and children from you and that spouse; and the spouse has no other children? Spouse inherits everything2 more rows ?

Probate laws outline an order of succession based upon the relationship of the heir to the decedent. Generally, the order is: spouse, children, parents, siblings, and children of siblings. If there are no living heirs in one category, the property goes to the next category.

Under Oregon inheritance laws, If you have a spouse but no descendants (children, grandchildren), your spouse will inherit everything. If you have children but no spouse, your children will inherit everything. If you have a spouse and descendants (with that spouse), your spouse inherits everything.

Section 112.465 - Slayer or abuser considered to predecease decedent (1) Property that would have passed by reason of the death of a decedent to a person who was a slayer or an abuser of the decedent, whether by intestate succession, by will, by transfer on death deed, by trust, or otherwise, passes on death and vests ...

Probate can be started immediately after death and takes a minimum of four months. If the estate includes property that takes a while to sell, or if there are complicated tax or other matters, probate can last much longer. A small estate proceeding cannot be filed until 30 days after death and is complete upon filing.

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Oregon Agreement Between Heirs and Third Party Claimant as to Division of Estate