When someone dies without a will (intestate), Oregon law determines who the heirs are — often a surviving spouse and children first. Before anyone can sell the house, though, the probate court still needs to appoint a personal representative, usually a close family member who petitions for the role, who then gets Letters of Administration giving them authority to act.
How Oregon decides who inherits without a will
Oregon's intestate succession rules generally give priority to a surviving spouse and children first, then move to more distant relatives if none exist. This determines who legally inherits the property — it doesn't, by itself, determine who's allowed to sign for a sale.
Getting appointed as personal representative
A family member typically petitions the court to be appointed administrator of the estate. Once appointed, and once Letters of Administration are issued, that person generally has similar authority to sell property as an executor named in a will would have. When there are multiple heirs, they often agree among themselves on who should petition for the role, though disagreements over who should serve do happen and the court resolves them when they do.
What this means for selling the house
From here, the process runs much like an estate with a will: get appointed, receive Letters, then move toward a sale — possibly needing separate court approval depending on the type of administration granted. Our page on court approval for probate sales covers that piece in more detail.
This is general information, not legal advice. A probate attorney can walk you through Oregon's intestacy rules and the petition process for this specific estate.