How to determine who a person’s heirs are?

UPDATED: Oct 11, 2013

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How to determine who a person’s heirs are?

My father passed away several years ago and his estate was never probated. Over 3 years have passed so his estate is intestate. At the time of his death his surviving heirs were: Spouse (since deceased; 1 child with spouse (since deceased); 2 children from previous marriage. My brother and I petitioned the court for a Determination of Heirs and were granted a hearing. Do I need to attend this hearing? I live out of state and it would be a hardship to attend. My brother seems to believe that the heirs will be determined by who shows up at the hearing. I believe from reading the statute that it would be based on the surviving heirs at the time of his death. Which is correct?

Asked on October 11, 2013 under Estate Planning, Oregon


Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

At a hearing to determine who the heirs are, the determination will not be made based on who shows up at the hearing.  It should be based on who his surviving heirs were at the time of his death, and where those people are since deceased, who their surviving heirs were at the time they passed away.

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