Intestate Succession and Wills

ORS 112.025
Share of surviving spouse if decedent leaves descendants


If the decedent leaves a surviving spouse and one or more descendants, the intestate share of the surviving spouse is:

(1)

If there are one or more surviving descendants of the decedent all of whom are descendants of the surviving spouse also, the entire net intestate estate.

(2)

If there are one or more surviving descendants of the decedent one or more of whom are not descendants of the surviving spouse, one-half of the net intestate estate. [1969 c.591 §20; 1987 c.329 §1; 2016 c.42 §2]

Notes of Decisions

Where decedent's marriage voided his previous will and undue influence voided his only subsequent will, division of decedent's property is governed by rules of intestacy. McKee v. Stoddard, 98 Or App 514, 780 P2d 736 (1989), Sup Ct review denied

Law Review Citations

57 OLR 135 (1977)


Source

Last accessed
Jun. 26, 2021