Oregon Statutes - Chapter 112 - Intestate Succession and Wills

• 112.010   [Amended by 1969 c.591 §69; renumbered 112.575]
• 112.015   Net intestate estate.
  Any part of the net estate of a decedent not effectively disposed of by the will of the decedent shall pass as provided in ORS...
• 112.017   [1993 c.598 §4; 1995 c.235 §1; repealed by 1999 c.133 §1]
• 112.020   [Amended by 1969 c.591 §70; renumbered 112.585]
• 112.025   Share of surviving spouse if decedent leaves issue.
  If the decedent leaves a surviving spouse and issue, the intestate share of the surviving spouse is: (1) If there are surviving issue of the...
• 112.030   [Amended by 1969 c.591 §71; renumbered 112.595]
• 112.035   Share of surviving spouse if decedent leaves no issue.
  If the decedent leaves a surviving spouse and no issue, the surviving spouse shall have all of the net intestate estate. [1969 c.591 §21]
• 112.040   [Amended by 1969 c.591 §73; renumbered 112.615]
• 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 issue of the decedent. If the issue...
• 112.047   Forfeiture of parent’s share by reason of desertion or neglect.
  (1) Property that would pass by intestate succession under ORS 112.045 from the estate of a decedent to a parent of the decedent shall pass...
• 112.049   Petition for forfeiture of parent’s share.
  (1) A petition may be filed in probate proceedings to assert that the intestate share of a parent of a decedent is subject to forfeiture...
• 112.050   [Repealed by 1969 c.591 §305]
• 112.055   Escheat.
  (1) If no person takes under ORS 112.025 to 112.045, the net intestate estate escheats to the State of Oregon. (2) If a devisee or...
• 112.058   Preferences and presumptions in escheat proceedings.
  (1) In any proceeding to determine the escheat share of the estate of a decedent whose estate is wholly or partially subject to probate in...
• 112.060   [Amended by 1969 c.591 §74; renumbered 112.625]
• 112.065   Representation defined.
  “Representation” means the method of determining the passing of the net intestate estate when the distributees are of unequal degrees of kinship to the decedent....
• 112.070   [Amended by 1969 c.591 §75; renumbered 112.635]
• 112.075   Time of determining relationships; afterborn heirs.
  The relationships existing at the time of the death of the decedent govern the passing of the net intestate estate, but persons conceived before the...
• 112.080   [Amended by 1969 c.591 §76; renumbered 112.645]
• 112.085   [1969 c.591 §26; 1973 c.506 §6; 1975 c.244 §1; repealed by 1999 c.131 §11]
• 112.095   Persons of the half blood.
  Persons of the half blood inherit the same share that they would inherit if they were of the whole blood. [1969 c.591 §27]
• 112.105   Succession where parents not married.
  (1) For all purposes of intestate succession, full effect shall be given to all relationships as described in ORS 109.060, except as otherwise provided by...
• 112.115   Persons related to decedent through two lines.
  A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which...
• 112.135   When gift is an advancement.
  If a person dies intestate as to all the estate of the person, property which the person gave in the lifetime of the person to...
• 112.145   Effect of advancement on distribution.
  (1) If the value of the advancement exceeds the heir’s share of the estate, the heir shall be excluded from any further share of the...
• 112.155   Death of advancee before decedent.
  If the recipient of the property advanced fails to survive the decedent, the amount of the advancement shall be taken into account in computing the...
• 112.175   Adopted persons.
  (1) An adopted person, the issue and kindred of the adopted person shall take by intestate succession from the adoptive parents, their issue and kindred,...
• 112.185   Effect of more than one adoption.
  For all purposes of intestate succession, a person who has been adopted more than once shall be treated as the child of the parents who...
• 112.195   References in wills, deeds and other instruments to accord with law of intestate succession.
  Unless a contrary intent is established by the instrument, all references in a will, deed, trust instrument or other instrument to an individual or member...
• 112.225   Who may make a will.
  Any person who is 18 years of age or older or who has been lawfully married, and who is of sound mind, may make a...
• 112.227   Intention of testator expressed in will as controlling.
  The intention of a testator as expressed in the will of the testator controls the legal effect of the dispositions of the testator. The rules...
• 112.230   Local law of state selected by testator controlling unless against public policy.
  The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the...
• 112.232   Uniform International Wills Act.
  (1) As used in this section: (a) “International will” means a will executed in conformity with subsections (2) to (5) of this section. (b) “Authorized...
• 112.235   Execution of a will.
  A will shall be in writing and shall be executed with the following formalities: (1) The testator, in the presence of each of the witnesses,...
• 112.237   [1981 c.481 §3; repealed by 1993 c.98 §26]
• 112.245   Witness as beneficiary.
  A will attested by an interested witness is not thereby invalidated. An interested witness is one to whom is devised a personal and beneficial interest...
• 112.255   Validity of execution of a will.
  (1) A will is lawfully executed if it is in writing, signed by or at the direction of the testator and otherwise executed in accordance...
• 112.265   Testamentary additions to trusts.
  (1) A devise may be made by a will to the trustee or trustees of a trust, regardless of the existence, size or character of...
• 112.270   Procedure to establish contract to make will or devise or not to revoke will or devise.
  (1) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, executed after January 1,...
• 112.272   In terrorem clauses valid and enforceable; exceptions.
  (1) Except as provided in this section, an in terrorem clause in a will is valid and enforceable. If a devisee contests a will that...
• 112.275   Manner of revocation or alteration exclusive.
  A will may be revoked or altered only as provided in ORS 112.285 to 112.315. [1969 c.591 §41]
• 112.285   Express revocation or alteration.
  (1) A will may be revoked or altered by another will. (2) A will may be revoked by being burned, torn, canceled, obliterated or destroyed,...
• 112.295   Revival of revoked or invalid will.
  If a will or a part thereof has been revoked or is invalid, it can be revived only by a re-execution of the will or...
• 112.305   Revocation by marriage.
  A will is revoked by the subsequent marriage of the testator if the testator is survived by a spouse, unless: (1) The will evidences an...
• 112.315   Revocation by divorce or annulment.
  Unless a will evidences a different intent of the testator, the divorce or annulment of the marriage of the testator after the execution of the...
• 112.325   Contract of sale of property devised not a revocation.
  An executory contract of sale made by a testator to convey property devised in a will previously made, is not a revocation of the previous...
• 112.335   Encumbrance or disposition of property after making will.
  An encumbrance or disposition of property by a testator after the testator makes a will does not affect the operation of the will upon a...
• 112.345   Devise of life estate.
  A devise of property to any person for the term of the life of the person, and after the death of the person to the...
• 112.355   Devise passes all interest of testator.
  A devise of property passes all of the interest of the testator therein at the time of the death of the testator, unless the will...
• 112.365   Property acquired after making will.
  Any property acquired by the testator after the making of a will passes thereby, and in like manner as if title thereto were vested in...
• 112.375   [1969 c.591 §51; repealed by 1973 c.506 §46]
• 112.385   Nonademption of specific devises in certain cases.
  (1) In the situations and under the circumstances provided in and governed by this section, specific devises will not fail or be extinguished by the...
• 112.395   When estate passes to issue of devisee; anti-lapse; class gifts.
  When property is devised to any person who is related by blood or adoption to the testator and who dies before the testator leaving lineal...
• 112.400   Effect of failure of devise.
  Except as provided in ORS 112.395: (1) If a devise other than a residuary devise fails for any reason, it becomes a part of the...
• 112.405   Children born or adopted after execution of will; pretermitted children.
  (1) As used in this section, “pretermitted child” means a child of a testator who is born or adopted after the execution of the will...
• 112.410   Effect of general disposition or residuary clause on testator’s power of appointment.
  A general residuary clause in a will or a will making general disposition of all of the testator’s property does not exercise a power of...
• 112.415   Persons not entitled to estate of testator.
  Except as otherwise expressly provided by law, a person, including a child of the testator and a descendant of that child, shall not take or...
• 112.425   [1969 c.591 §56; repealed by 1989 c.770 §11]
• 112.435   Disposition of wills deposited with county clerk.
  So far as the county clerk is able, the county clerk of each county shall deliver to the testator, or to the person to whom...
• 112.455   Definitions for ORS 112.455 to 112.555.
  As used in ORS 112.455 to 112.555: (1) “Abuser” means a person who is convicted of a felony by reason of conduct that constitutes physical...
• 112.457   Application to abuser.
  ORS 112.455 to 112.555 apply to an abuser only if the decedent dies within five years after the abuser is convicted of a felony by...
• 112.465   Slayer or abuser considered to predecease decedent.
  (1) Property that would have passed by reason of the death of a decedent to a person who was a slayer or an abuser of...
• 112.475   Jointly owned property.
  If a slayer of a decedent and the decedent, or an abuser of a decedent and the decedent, owned property as tenants by the entirety...
• 112.485   Property jointly owned with others.
  If a slayer of a decedent, the decedent and one or more other persons owned property with a right of survivorship, or if an abuser...
• 112.495   Reversions, vested remainders, contingent remainders and future interests.
  (1) Property in which a slayer of a decedent, or an abuser of a decedent, owns a reversion or vested remainder subject to an estate...
• 112.505   Property appointed; powers of revocation or appointment.
  (1) Property appointed by the will of the decedent to or for the benefit of a slayer of a decedent or an abuser of a...
• 112.515   Proceeds of insurance on life and other benefit plans of decedent.
  (1) Except as provided under subsection (2) of this section, proceeds payable under any of the following instruments to or for the benefit of a...
• 112.525   Proceeds of insurance on life of slayer or abuser.
  If a decedent is beneficiary or assignee of any policy or certificate of insurance on the life of a slayer of the decedent or an...
• 112.535   Payment by insurance company, financial institution, trustee or obligor; no additional liability.
  Any insurance company making payment according to the terms of its policy, or any financial institution, trustee or other person performing an obligation to a...
• 112.545   Rights of persons without notice dealing with slayer or abuser.
  ORS 112.455 to 112.555 do not affect the rights of any person who for value and without notice purchases or agrees to purchase property that...
• 112.555   Evidence of felonious and intentional killing; conviction as conclusive.
  A final judgment of conviction of felonious and intentional killing is conclusive for purposes of ORS 112.455 to 112.555. In the absence of a conviction...
• 112.570   Definitions for ORS 112.570 to 112.590.
  As used in ORS 112.570 to 112.590: (1) “Co-owners with right of survivorship” means joint tenants, tenants by the entirety and any other co-owners of...
• 112.572   Requirement of survival.
  Except as provided in ORS 112.586, if the title to property, the devolution of property, the right to elect an interest in property or the...
• 112.575   [Formerly 112.010; repealed by 1999 c.131 §11]
• 112.578   Construction of survivorship provisions in governing instruments.
  Except as provided in ORS 112.586, if a governing instrument contains a provision the operation of which is conditioned on whether a specified person survives...
• 112.580   Co-owners with right of survivorship; requirement of survival.
  (1) Except as provided in ORS 112.586, if property is held by two co-owners with right of survivorship and both co-owners are deceased, one-half of...
• 112.582   Evidence of death or status.
  (1) For the purpose of establishing death under the survivorship rules established under ORS 112.570 to 112.590, death occurs when an individual has sustained irreversible...
• 112.585   [Formerly 112.020; repealed by 1999 c.131 §11]
• 112.586   Exceptions.
  (1) The survivorship rules established under ORS 112.570 to 112.590 do not apply in any situation in which application would result in escheat of an...
• 112.588   Protection of payors and other third parties.
  (1) Unless a payor or other third party has received written notice of a claim under subsection (2) of this section, the payor or other...
• 112.590   Protection of bona fide purchasers; personal liability of recipient.
  (1) Unless the person has notice of the claim at the time the purchase, payment or delivery is made, a person who purchases property for...
• 112.595   [Formerly 112.030; repealed by 1999 c.131 §11]
• 112.605   [1969 c.591 §72; repealed by 1999 c.131 §11]
• 112.615   [Formerly 112.040; repealed by 1999 c.131 §11]
• 112.625   [Formerly 112.060; repealed by 1999 c.131 §11]
• 112.635   [Formerly 112.070; repealed by 1999 c.131 §11]
• 112.645   [Formerly 112.080; repealed by 1999 c.131 §11]
• 112.650   [1975 c.480 §9 (enacted in lieu of 112.675); repealed by 2001 c.245 §19]
• 112.652   [1975 c.480 §2 (enacted in lieu of 112.675); 1981 c.55 §1; repealed by 2001 c.245 §19]
• 112.655   [1975 c.480 §3 (enacted in lieu of 112.675); 1981 c.55 §2; repealed by 2001 c.245 §19]
• 112.657   [1975 c.480 §4 (enacted in lieu of 112.675); 1981 c.55 §3; repealed by 2001 c.245 §19]
• 112.660   [1975 c.480 §5 (enacted in lieu of 112.675); 1981 c.55 §4; repealed by 2001 c.245 §19]
• 112.662   [1975 c.480 §6 (enacted in lieu of 112.675); repealed by 2001 c.245 §19]
• 112.665   [1975 c.480 §7 (enacted in lieu of 112.675); 1981 c.55 §5; repealed by 2001 c.245 §19]
• 112.667   [1975 c.480 §8 (enacted in lieu of 112.675); repealed by 2001 c.245 §19]
• 112.675   [1969 c.591 §77; repealed by 1975 c.480 §1 (112.650 to 112.667 enacted in lieu of 112.675)]
• 112.685   Dower and curtesy abolished.
  Dower and curtesy, including inchoate dower and curtesy, are abolished, but any right to or estate of dower or curtesy of the surviving spouse of...
• 112.695   Statute of limitation for recovery of dower or curtesy.
  No action or suit shall be brought after 10 years from the death of a decedent to recover or reduce to possession curtesy or dower...
• 112.705   Short title.
  ORS 112.705 to 112.775 may be cited as the Uniform Disposition of Community Property Rights at Death Act. [1973 c.205 §11]
• 112.715   Application to certain property.
  ORS 112.705 to 112.775 apply to the disposition at death of the following property acquired by a married person: (1) All personal property, wherever situated:...
• 112.725   Rebuttable presumptions.
  In determining whether ORS 112.705 to 112.775 apply to specific property the following rebuttable presumptions apply: (1) Property acquired during marriage by a spouse of...
• 112.735   One-half of property not subject to testamentary disposition or right to elect against will.
  Upon death of a married person, one-half of the property to which ORS 112.705 to 112.775 apply is the property of the surviving spouse and...
• 112.745   Proceedings to perfect title.
  If the title to any property to which ORS 112.705 to 112.775 apply was held by the decedent at the time of death, title of...
• 112.755   Who may institute proceedings.
  If the title to any property to which ORS 112.705 to 112.775 apply is held by the surviving spouse at the time of the decedent’s...
• 112.765   Rights of purchaser.
  (1) If a surviving spouse has apparent title to property to which ORS 112.705 to 112.775 apply, a purchaser for value or a lender taking...
• 112.775   Application and construction.
  (1) ORS 112.705 to 112.775 do not affect rights of creditors with respect to property to which ORS 112.705 to 112.775 apply. (2) ORS 112.705...
• 112.800   Definition for ORS 112.800 to 112.830.
  As used in ORS 112.800 to 112.830, unless the context requires otherwise, “person” means a natural person, a partnership, a corporation, a bank, a trust...
• 112.805   Exclusive manner of disposing of wills; destroyed will not revoked.
  (1) Any person having custody of a will has a duty to maintain custody of the will and may not destroy or discard the will,...
• 112.810   Duties of custodian of will.
  (1) Any person having custody of a will: (a) Shall deliver the will to the testator upon demand from the testator, unless the person having...
• 112.815   Conditions for disposal of will.
  An attorney who has custody of a will may dispose of the will in accordance with ORS 112.820 if: (1) The attorney is licensed to...
• 112.820   Procedure for destruction of will; filing of affidavit; fee.
  (1) An attorney authorized to destroy a will under ORS 112.815 may proceed as follows: (a) The attorney shall first publish a notice in a...
• 112.825   Liability for destruction of will.
  A person who violates any provision of ORS 112.800 to 112.830 shall be liable to any person injured by such violation for any damages sustained...
• 112.830   Court may order delivery of will.
  If it appears to a court having jurisdiction of the estate of a decedent that a person has custody of a will made by the...

Last modified: August 7, 2008