What To Do When a Close Relative Dies

Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding the death of a close relative is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

The deceased may have written or verbal instructions intended to help the surviving relatives carry out the deceased's wishes. These provisions might also be found in the deceased's will. The instructions may include the deceased's last wishes concerning funeral and burial or donation of bodily organs or the body for medical research.

If the deceased did not leave funeral and burial instructions, Oregon law establishes who has priority in deciding the disposition of the last remains. The following relatives have priority in making those decisions:

The spouse;
A son or daughter 18 years or older;
A parent of the deceased;
A brother or sister 18 years or older; and
A guardian of the deceased.

The surviving relative should contact the funeral director indicated in the last instructions or a funeral director of the surviving relative's choice.

The funeral director will generally help in preparing an obituary for publication in the local newspaper and the notice of the funeral or memorial service if there is to be one.

Under Oregon law, all funeral directors and funeral homes must be licensed.
There are three distinct categories that the funeral director will be responsible for and render a charge for. They are

Professional services (including embalming if applicable), transportation and funeral home facilities;
The cost of a casket; and
Supplemental or miscellaneous expenses.

You should ask your funeral director which services are mandatory by law and which are optional and how much the services will cost.

There also may be additional charges for a cemetery plot and memorial. The funeral director will help you in making those arrangements and will be able to tell you how much they will cost.

If the last instructions of the deceased include donation of bodily organs or donation of the body for medical research, you should call the Oregon Health Sciences University in Portland as soon after death as possible for arrangements to be made to carry out those last instructions.

In addition to funeral arrangements, arrangements for a donation of bodily organs or donation of the body for medical research should be made immediately.

If there is a surviving spouse of the deceased or another survivor who owned property jointly with the deceased with rights of survivorship, that person will usually have possession of the assets of the deceased depending on the final determination of ownership.

If the deceased was living alone at the time of his or her death, the surviving relatives should attempt to make a list (inventory) of his or her properties.

Also, an effort should be made to locate a will if one exists.

If a will is found, it will name a personal representative, that is, the person who has the responsibility to see that the property passes under the will to the beneficiaries named in the will.

Either the personal representative named in the will or the surviving relatives, if no will is found, should contact an attorney for advice. When contacting the attorney, it would be helpful to provide him or her with the will, if one exists, death certificate, names and addresses of relatives, social security number, description of the deceased's property and known creditors. The personal representative or surviving relatives should also seek advice from the attorney about filing estate or inheritance tax returns.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.