Share of surviving spouse if decedent leaves descendants. If the decedent leaves a surviving spouse and one or more descendants, the intestate share of the surviving spouse is

ORS 112.025 — under Chapter 112.

ORS 112.025

(1) If there are one or more surviving descendants of the decedent all of whom are descendants of the surviving spouse also, the entire net intestate estate.

(2) If there are one or more surviving descendants of the decedent one or more of whom are not descendants of the surviving spouse, one-half of the net intestate estate. [1969 c.591 §20; 1987 c.329 §1; 2016 c.42 §2]