ORS 114.630
Augmented estate


(1)

Except as otherwise provided in ORS 114.600 (Elective share generally) to 114.725 (Effect of separation), the augmented estate consists of all of the following property, whether real or personal, movable or immovable, or tangible or intangible, wherever situated:

(a)

The decedent’s probate estate as described in ORS 114.650 (Decedent’s probate estate).

(b)

The decedent’s nonprobate estate as described in ORS 114.660 (Decedent’s nonprobate estate) and 114.665 (Decedent’s nonprobate estate).

(c)

The surviving spouse’s estate, as described in ORS 114.675 (Surviving spouse’s estate).

(2)

The value attributable to any property included in the augmented estate under ORS 114.600 (Elective share generally) to 114.725 (Effect of separation) must be reduced by the amount of all enforceable claims against the property and all encumbrances on the property. Any exemption or deduction that is allowed for the purpose of determining estate taxes on the augmented estate and that is attributable to the marriage of the decedent and the surviving spouse inures to the benefit of the surviving spouse as provided in ORS 116.343 (Allowances for exemptions, deductions and credits) (2).

(3)

The value attributable to any property included in the augmented estate includes the present value of any present or future interest and the present value of amounts payable under any trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement, exclusive of the federal Social Security Act.

(4)

The value attributable to property included in the augmented estate is equal to the value that would be used for purposes of federal estate and gift tax laws if the property had passed without consideration to an unrelated person on the date that the value of the property is determined for the purposes of ORS 114.600 (Elective share generally) to 114.725 (Effect of separation).

(5)

In no event may the value of property be included in the augmented estate more than once. [2009 c.574 §8; 2011 c.305 §4; 2017 c.169 §26]

Source
Last accessed
May. 15, 2020