ORS 114.615
Payment of elective share


In determining whether any payment is required to a surviving spouse in satisfaction of the elective share provided for in ORS 114.605 (Amount of elective share), the court shall consider the values of the decedent’s probate estate, the decedent’s nonprobate estate, the surviving spouse’s estate, the decedent’s probate transfers to the surviving spouse and the decedent’s nonprobate transfers to the surviving spouse. If the court determines that the aggregate value of the surviving spouse’s estate, the decedent’s probate transfers to the surviving spouse and the decedent’s nonprobate transfers to the surviving spouse do not satisfy the amount of the elective share, any additional amount required to satisfy the elective share shall be paid out of the decedent’s probate estate and the decedent’s nonprobate estate in the manner provided by ORS 114.700 (Priority of sources from which elective share payable). [2009 c.574 §5]

Source
Last accessed
May. 15, 2020