ORS 114.610
Manner of making election

(1)

A surviving spouse may claim the elective share only by:

(a)

Filing a petition for the appointment of a personal representative for the estate of the deceased spouse, and a motion for the exercise of the election as described in paragraph (b) of this subsection, within nine months after the spouse dies.

(b)

Filing a motion for the exercise of the election in a probate proceeding commenced for the estate of the deceased spouse under ORS 113.035 (Petition for appointment of personal representative and probate of will). The motion must be filed not later than nine months after the death of the decedent. A copy of the motion must be served on the personal representative, on all persons who would be entitled to receive information under ORS 113.145 (Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority) and on all distributees and recipients of portions of the augmented estate known to the surviving spouse who can be located with reasonable efforts. A surviving spouse may withdraw a motion for an election filed under this subsection at any time before the court enters an order granting the motion.

(c)

Filing a petition for the exercise of the election under ORS 114.720 (Proceedings to claim elective share) (1) within nine months after the death of the decedent.

(2)

If a court determines that the elective share is payable, the court shall determine the amount of the elective share and shall order its payment pursuant to the priorities established under ORS 114.700 (Priority of sources from which elective share payable). If it appears that property has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the property or who has possession thereof, whether as trustee or otherwise. [2009 c.574 §4]

Source: Section 114.610 — Manner of making election, https://www.­oregonlegislature.­gov/bills_laws/ors/ors114.­html.

114.005
Occupancy of principal dwelling of decedent by spouse and children 114.015
Support of spouse and children 114.025
Petition for support and answer 114.035
Temporary support 114.045
Modification or termination of support 114.055
Nature of support 114.065
Limitations on support 114.075
Priority of support 114.085
Setting apart whole estate for support 114.205
No distinction between real and personal property 114.215
Devolution of and title to property 114.225
Possession and control of decedent’s estate 114.255
Commencement of duties and powers of personal representative 114.265
General duties of personal representative 114.275
Personal representative to proceed without court order 114.285
Naming or appointment of personal representative does not discharge claim 114.295
Discharge or devise in will of claim of testator 114.305
Transactions authorized for personal representative 114.315
Right to perfect lien or security interest 114.325
Power to sell, mortgage, lease and deal with property 114.333
Transfer of title and interest to real property by foreign personal representative 114.335
Court order for sale, mortgage or lease 114.345
Title conveyed free of claims of creditors 114.355
Sale or encumbrance to personal representative voidable 114.365
Validation of certain sales 114.375
Nonliability of transfer agents 114.385
Persons dealing with personal representative 114.395
Improper exercise of power 114.405
Personal liability of personal representative 114.415
Copersonal representatives 114.425
Discovery of property, writings and information 114.435
Power to avoid transfers 114.441
Definitions for ORS 114.441 to 114.462 114.444
Application 114.447
Court approval of settlement of personal injury claim or wrongful death claim 114.450
Deferral of requirements 114.453
Petition for appointment of personal representative 114.456
Information to beneficiaries and Department of Human Services and Oregon Health Authority 114.459
Waiver of requirements 114.462
Motion to close estate 114.505
Definitions for ORS 114.505 to 114.560 114.510
Value limitations for small estate 114.515
Small estate affidavit 114.517
Approval of attorneys filing affidavits for recipients of Medicaid or other public assistance 114.520
Authorization from State Treasurer required for filing of affidavit by creditor if decedent dies intestate and without heirs 114.525
Content of affidavit 114.535
Transfer of decedent’s property to affiant 114.537
Safe deposit boxes 114.540
Procedure for claims 114.542
Summary determination 114.545
Affiant as fiduciary 114.547
Sales and transfers to third parties 114.549
Liability of affiant 114.550
Summary review of administration of estate 114.552
Filing fees 114.555
Transfer of interest of decedent in property described in affidavit 114.560
Exclusive remedy 114.600
Elective share generally 114.605
Amount of elective share 114.610
Manner of making election 114.615
Payment of elective share 114.620
Waiver of right to elect and other rights 114.625
Who may exercise right of election 114.630
Augmented estate 114.635
Exclusions from augmented estate 114.650
Decedent’s probate estate 114.660
Decedent’s nonprobate estate 114.665
Decedent’s nonprobate estate 114.675
Surviving spouse’s estate 114.685
Decedent’s probate transfers to surviving spouse 114.690
Decedent’s nonprobate transfers to surviving spouse 114.700
Priority of sources from which elective share payable 114.705
Liability of recipients of decedent’s nonprobate estate 114.710
Protective order 114.720
Proceedings to claim elective share 114.725
Effect of separation
Green check means up to date. Up to date

Current through early 2024

§ 114.610’s source at oregon​.gov