Administration of Estates Generally

ORS 114.720
Proceedings to claim elective share


A surviving spouse may claim the elective share by filing a petition for the exercise of the election in a circuit court within the time allowed by ORS 114.610 (Manner of making election) (1)(c). Venue for the proceeding is as provided in ORS 113.015 (Venue). A copy of the petition must be served 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. The fee for filing a petition under this subsection shall be the amount prescribed in ORS 21.170 (Probate filing fees and accounting fees), based on the value of the nonprobate estate. The Oregon Rules of Civil Procedure apply to proceedings under this section. Any party to a proceeding under this section may request that the pleadings and records in the proceeding be sealed.


A surviving spouse may withdraw a petition filed under this section at any time before entry of a judgment on the petition.


If a probate proceeding is commenced for the estate of the deceased spouse under ORS 113.035 (Petition for appointment of personal representative and probate of will) either before or after a petition is filed under this section, the court shall consolidate the proceedings under this section with the probate proceedings. [2009 c.574 §19; 2011 c.595 §125]


Last accessed
Jun. 26, 2021