Oregon Statutes - Chapter 114 - Administration of Estates Generally - Section 114.155 - Election by court or conservator of surviving spouse.

An election under ORS 114.105 may be filed on behalf of a financially incapable surviving spouse by a court acting under ORS 125.650 or by the conservator of the estate of the spouse. The court or conservator may elect against the will only if additional assets are needed for the reasonable support of the surviving spouse, taking into account the probable needs of the spouse, the provisions of the will, any nonprobate property arrangements made by the decedent for the support of the spouse and any other assets, whether or not owned by the spouse, available for such support. The election is subject to the approval of the court, with or without notice to other interested persons. [1969 c.591 §117; 1973 c.823 §109; 1995 c.664 §85]

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Last modified: August 7, 2008