Intestate Succession and Wills

ORS 112.045
Share of others than surviving spouse

The part of the net intestate estate not passing to the surviving spouse shall pass:

(1)

To the descendants of the decedent by representation as described in ORS 112.065 (Passage by representation).

(2)

If there is no surviving descendant, to the surviving parents of the decedent.

(3)

If there is no surviving descendant or parent, equally to the brothers and sisters of the decedent and by representation as described in ORS 112.065 (Passage by representation) to the descendants of any deceased brother or sister of the decedent. If there is no surviving brother or sister, the descendants of brothers and sisters take equally if they are all of the same generation in relation to the decedent, but if of different generations, then those of later generations take by representation as described in ORS 112.065 (Passage by representation).
(4)(a) If there is no surviving descendant, parent or descendant of a parent, equally to the grandparents of the decedent and by representation as described in ORS 112.065 (Passage by representation) to the descendants of any deceased grandparent of the decedent who left descendants surviving at the time of the decedent’s death. If one or more grandparents of the decedent do not survive the decedent, the descendants of each of the deceased grandparents take equally if they are all of the same generation in relation to the decedent, but if of different generations, then those of later generations take by representation as described in ORS 112.065 (Passage by representation).

(b)

If there is no surviving grandparent, the descendants of grandparents take equally if they are all of the same generation in relation to the decedent, but if of different generations, then those of later generations take by representation as described in ORS 112.065 (Passage by representation).

(5)

If, at the time of taking, surviving parents or grandparents of the decedent are married to each other, they shall take real property as tenants by the entirety and personal property as joint owners with the right of survivorship. [1969 c.591 §22; 2015 c.387 §3; 2016 c.42 §§4,4a]

Notes of Decisions

Where personal representative filed misleading petition alleging that decedent died intestate, and he had personal interest in having estate pass by intestate distribution under this section, he was not entitled to any compensation. Reynolds v. Givens, 37 Or App 785, 588 P2d 113 (1978)

Source

Last accessed
Mar. 11, 2023

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