Do I Need to Give Notice to Heirs? Even If They Are Disinherited?

By Patricia Louise Nelson

Under Oregon law, the Personal Representative (person in charge of a probate) must give notice of the probate to the heirs of the decedent (the person who died).  This is true even if an heir is disinherited, meaning they are intentionally given nothing under the Will.  An heir is a person who would receive the decedent’s assets, or some of them, if the decedent died without a Will.  An heir is still an heir even if a Will says they are not to receive anything.  As an heir they are entitled to notice, but not to receive anything under the Will. It is easy to confuse heirs with devisees.  Devisees are people who receive assets under a Will. Often the heirs and devisees are not the same.

Just to be clear, under Oregon law, the Personal Representative must give notice of the probate to both heirs and devisees.

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