Intestate Succession and Wills

ORS 112.015
Net intestate estate

  • effect of exclusion by will


Any part of the net estate of a decedent not effectively disposed of by the will of the decedent shall pass as provided in ORS 112.025 (Share of surviving spouse if decedent leaves descendants) to 112.055 (Escheat).


A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent’s intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed that individual’s or member’s intestate share. [1969 c.591 §19; 2015 c.387 §2]

Notes of Decisions

Disinheritance clause in will does not, by itself, constitute disposition of property for purpose of avoiding intestate succession by disinherited person. McClain v. Hardy, 184 Or App 448, 56 P3d 501 (2002)


Last accessed
Jun. 26, 2021