Because there is no will or testamentary trust, your friend's son and/or daughter will have to file a probate action in the Circuit Court for the county where their father lived before he passed away. If they are the only heirs, and if they are in agreement to equally divide their father?s estate, that would make the process pretty simple. The petition for determining the disposition of the estate would have to list all of the assets along with any debts their father owed when he died. After receiving the evidence, the Court would order the debts to be paid after which the remainder of the estate would be divided between the decedent's children. You can look up a local attorney who does probate cases by checking with the Oregon State Bar's referral service which is available on-line.
Answered on Jul 06th, 2016 at 5:05 PM