Who is Next of Kin?

Who is the “legal next of kin” or designated person that will make the final arrangements is determined through ORS 97.130. Through ORS 97.130, you can find out who has the “Right to control final disposition”. It may be very different from what you think or who you listed in your will. There is also the option to appoint next of kin through the Appointment of Another, which will supersede the rankings all together.

For example, a person who is legally married dies, the next of kin would be the surviving spouse as long as they are competent. If the person does not have a spouse or the spouse has passed away, next of kin goes to any children over the age of 18. In a case where there are no children over the age of 18, next of kin then goes to parents.

For more information on Next of Kin, you can watch our video explaining the process on YouTube.