Inheritance Law Your Problems. Our Priority.

Inheritance Law in Salem, Oregon

Guiding Marion, Polk & Linn County Families Through Inheritance Matters Since 2015

Inheritance questions aren’t always the same as probate questions. Probate is the court process for settling an estate. Inheritance law asks a different question: who is actually entitled to that property, and what happens when someone disputes it? Oregon gives families a few different paths depending on how a decedent’s assets were titled and what the estate is worth. Some estates move through formal probate. Others qualify for a streamlined process. Some assets transfer entirely outside of any court proceeding. Knowing which rules apply to your situation is where the analysis starts.

Johnson & Taylor helps clients throughout Salem and the surrounding Marion, Polk, and Linn County area navigate exactly these situations. If you have questions about what you’re entitled to inherit, or if a dispute has arisen over a loved one’s estate, we’re here to help.

Contact us today to schedule your free, no-obligation case evaluation. Call (971) 318-5516 or reach out online and we’ll get back to you promptly.

Why Salem Families Work with Johnson & Taylor

We’ve been representing clients in estate and inheritance matters since 2015, giving us over a decade of experience working through contested wills, succession questions, and fiduciary disputes alongside real families dealing with difficult losses. Every case gets the time and individual attention it deserves, not a one-size-fits-all answer.

Hundreds of five-star reviews from former clients speak to what sets us apart. People consistently describe our team as responsive, honest, and genuinely caring. Our goal is to give you clarity, not just answers.

We also offer bilingual legal services. Two of our attorneys are fluent in Spanish, and several of our paralegals speak Spanish as well. Roughly 20% of our cases involve Spanish-speaking clients, and we’re proud to serve our entire community with equal care.

Getting started is straightforward. We offer free, no-obligation case evaluations so you can understand your options before committing to anything. Remote consultations are available for clients who can’t travel, and free parking is available for those who visit our main office in person.

Call (971) 318-5516 or contact us online to speak with our team about your inheritance matter.

How Oregon Distributes an Estate Without a Will

When someone dies without a will in Oregon, state law determines who inherits through a system called intestate succession, governed by ORS Chapter 112. The law works through a priority order: a surviving spouse and descendants come first, then parents, then siblings, then grandparents. The closer the family relationship, the higher the priority.

The spouse’s share depends on whether the decedent had descendants who aren’t also descendants of that spouse. If all descendants are shared with the surviving spouse, the spouse inherits the entire intestate estate. If at least one descendant is not a descendant of the surviving spouse, the spouse inherits half, with the rest passing to the descendants.

A few additional rules shape how intestate succession works in practice:

Survivorship requirement: Under ORS 112.572, an heir must survive the decedent by at least 120 hours to inherit.
Half-relatives: Under ORS 112.095, a half-sibling or other half-relative inherits the same share as a full relative.
Adopted children: Adopted children have the same inheritance rights as biological children. Stepchildren who were not legally adopted don’t have automatic inheritance rights under intestate succession.
Oregon’s slayer and abuser statute: A person who feloniously kills or abuses the decedent can’t inherit a share of the estate.

When a Personal Representative Mismanages an Estate

A personal representative, sometimes called an executor or administrator, owes a fiduciary duty to everyone with a stake in the estate. That duty requires managing assets honestly and in the best interest of heirs and beneficiaries, not for personal gain. When a personal representative self-deals, withholds information, or misallocates property, the people harmed have legal recourse.

Beneficiaries and heirs can petition the probate court to address a breach of fiduciary duty, including asking the court to remove the personal representative and order recovery of mishandled assets. If you believe someone managing a loved one’s estate isn’t acting in good faith, that concern is worth taking seriously.

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Probate vs. Inheritance Law in Oregon

Probate is the court-supervised process that validates a will (or applies intestate succession law when there isn’t one), pays the decedent’s debts, and distributes what remains. Inheritance law focuses on a narrower question: who has the right to that property, and what happens when someone disputes it. The two overlap but aren’t the same thing.

Which Assets Skip Probate Entirely

Not every asset passes through probate. Property held in joint tenancy with right of survivorship, assets held in a trust, and accounts with a named beneficiary transfer directly to the surviving co-owner or designated beneficiary. Those transfers happen outside of any court process, which means disputes over them also require a different approach.

Oregon’s Small Estate Affidavit & Local Court

Oregon offers an alternative to full probate for smaller estates. When the fair market value of an estate doesn’t exceed $75,000 in personal property and $200,000 in real property, eligible successors may use a simple estate affidavit instead of opening a full probate proceeding. For Salem-area residents, formal probate and estate proceedings are generally handled through the Marion County Circuit Court’s Probate Division.

Contesting a Will Under Oregon Law

Oregon law permits interested parties to challenge a will’s validity under ORS 113.075. Grounds for a contest include lack of testamentary capacity (the legal standard for the mental ability required to make a valid will), undue influence, fraud, improper execution, or the existence of a later valid will. A contest can also be brought on the basis that the decedent made an agreement to revoke or not revoke the will.

Not everyone can file a contest. Only interested parties have standing: beneficiaries named in the submitted will, beneficiaries under a prior or later will, or the decedent’s intestate heirs. Timing matters too. Under ORS 113.185, a contest must generally be filed within four months after the personal representative delivers or mails the required probate notice, or four months after that notice is published if individual notice wasn’t required, whichever applies. Missing that window typically forecloses the option. If a contest succeeds, the estate is distributed under a prior valid will or, if none exists, under Oregon’s intestate succession rules.

Signs Your Family May Need an Inheritance Attorney

Inheritance disputes don’t always arrive with obvious warning signs. Some situations call for legal guidance even when no one has filed anything or raised a formal objection. Common circumstances that warrant a conversation with an attorney include:

No will exists: A family member has died intestate and relatives disagree about who inherits, or the intestate succession rules produce an unexpected result.
A will’s validity is in question: Someone believes the will was signed under pressure, executed while the decedent lacked capacity, or doesn’t reflect what the decedent actually intended.
A personal representative isn’t communicating: An executor or administrator is failing to provide updates or a proper accounting to beneficiaries and heirs.
Heirs disagree on property division: Family members can’t reach agreement on how to divide or handle inherited real estate or other assets.

Oregon’s Simple Estate Affidavit Process

The simple estate affidavit process allows eligible successors to transfer assets without opening a full probate case. Oregon requires a 30-day waiting period after the decedent’s death before the affidavit may be submitted. The affiant takes on fiduciary duties and can be held personally liable for failing to pay a valid claim against the estate or failing to deliver property to the person entitled to receive it.

Eligible affiants are the decedent’s claiming successors (the heirs under intestate succession or the devisees named in a will) or the person named as personal representative in the will. Someone disqualified from serving as a personal representative under Oregon law, or who has been convicted of a felony, may not file a simple estate affidavit.

Call (971) 318-5516 or contact us online to schedule your free consultation. Remote appointments are available, and free parking is available if you prefer to meet in person.

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