Chapter 112 — Chapter 112

ORS 112.010 [Amended by 1969 c.591 §69; renumbered 112.575]

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ORS 112.015 Net intestate estate; effect of exclusion by will. (1) 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 112.025 to 112.055

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ORS 112.017 [1993 c.598 §4; 1995 c.235 §1; repealed by 1999 c.133 §1]

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ORS 112.020 [Amended by 1969 c.591 §70; renumbered 112.585]

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ORS 112.025 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

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ORS 112.030 [Amended by 1969 c.591 §71; renumbered 112.595]

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ORS 112.035 Share of surviving spouse if decedent leaves no descendant. If the decedent leaves a surviving spouse and no descendant, the intestate share of the surviving spouse is the entire net intestate estate. [1969 c.591 §21; 2016 c.42 §3]

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ORS 112.040 [Amended by 1969 c.591 §73; renumbered 112.615]

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ORS 112.045 Share of others than surviving spouse. The part of the net intestate estate not passing to the surviving spouse shall pass

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ORS 112.047 Forfeiture of parent’s share by reason of termination of parental rights or 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 and be vested as if the parent had predeceased the decedent if

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ORS 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 under ORS 112.047. A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s share

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ORS 112.050 [Repealed by 1969 c.591 §305]

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ORS 112.055 Escheat. (1) If, after diligent search and inquiry that is appropriate to the circumstances, taking into account the value of the decedent’s estate, no person takes under ORS 112.025 to 112.045, the net intestate estate escheats to the State of Oregon

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ORS 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 this state

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ORS 112.060 [Amended by 1969 c.591 §74; renumbered 112.625]

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ORS 112.065 Passage by representation. “Representation” means the method of determining the passing of the net intestate estate when the distributees are of different generations in relation to the decedent. Representation is accomplished as follows

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ORS 112.070 [Amended by 1969 c.591 §75; renumbered 112.635]

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ORS 112.075 [1969 c.591 §25; repealed by 2015 c.387 §1]

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ORS 112.077 Time of determining relationships; application to different circumstances of conception. (1) For purposes of this section, an embryo that exists outside a person’s body is not considered to be conceived until the embryo is implanted into a person’s body

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ORS 112.080 [Amended by 1969 c.591 §76; renumbered 112.645]

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ORS 112.085 [1969 c.591 §26; 1973 c.506 §6; 1975 c.244 §1; repealed by 1999 c.131 §11]

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ORS 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]

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ORS 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 law in case of adoption

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ORS 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 would entitle the person to the larger share. [1969 c.591 §29]

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ORS 112.135 When gift is an advancement; valuation of advancement. (1)(a) If a person dies intestate as to all or part of the estate of the person, property that the person gives during the lifetime of the person to an heir is treated as an advancement against the heir’s share of the estate if declared in writing by the decedent or acknowledged in writing by the heir to be an advancement

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ORS 112.145 Effect of advancement on distribution. (1) If the value of an advancement exceeds the heir’s or devisee’s share of the estate, the heir or devisee shall be excluded from any further share of the estate, but the heir or devisee shall not be required to refund any part of the advancement. If the value of an advancement is less than the heir’s or devisee’s share, the heir or devisee shall be entitled upon distribution of the estate to such additional amount as will give the heir or devisee the heir’s or devisee’s share of the estate

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ORS 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 share of the descendants of the recipient, whether or not the descendants take by representation. [1969 c.591 §32; 2016 c.42 §10]

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ORS 112.175 Adopted persons. (1) An adopted person, the descendants and kindred of the adopted person shall take by intestate succession from the adoptive parents, their descendants and kindred, and the adoptive parents, their descendants and kindred shall take by intestate succession from the adopted person, the descendants and kindred of the adopted person, as though the adopted person were the biological child of the adoptive parents

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ORS 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 have most recently adopted the person and, except as otherwise provided in this section, shall cease to be treated as the child of the previous adoptive parents. The person shall continue also to be treated as the child of a previous parent or previous adoptive parent other than the most recent adoptive parents only to the extent provided in ORS 112.175 (2), and for the purpose of applying that subsection with reference to a previous adoptive parent, “parent” in that subsection means the previous adoptive parent. [1969 c.591 §34; 2015 c.387 §9]

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ORS 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 of a class described generically in relation to a particular person as children, issue, grandchildren, descendants, heirs, heirs of the body, next of kin, distributees, grandparents, brothers, nephews or other relatives shall include any person who would be treated as so related for all purposes of intestate succession, except that an adopted person so included must have been adopted as a minor or after having been a member of the household of the adoptive parent while a minor. [1969 c.591 §35]

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ORS 112.225 Who may make a will. Any person who is 18 years of age or older or who has been lawfully married or who has been emancipated in accordance with ORS 419B.550 to 419B.558, and who is of sound mind, may make a will. [1969 c.591 §36; 2015 c.387 §10]

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ORS 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 of construction expressed in this section, ORS 112.230 and 112.410 apply unless a contrary intention is indicated by the will. [1973 c.506 §10]

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ORS 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 testator in the instrument of the testator unless the application of that law is contrary to the public policy of this state. [1973 c.506 §11]

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ORS 112.232 Uniform International Wills Act. (1) As used in this section

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ORS 112.235 Execution of a will. (1) Except as provided in ORS 112.238, a will shall be in writing and shall be executed in accordance with the following formalities

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ORS 112.237 [1981 c.481 §3; repealed by 1993 c.98 §26]

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ORS 112.238 Exception to will execution formalities; petition; notice; written objections; hearing; fee. (1) Although a writing was not executed in compliance with ORS 112.235, the writing may be treated as if it had been executed in compliance with ORS 112.235 if

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ORS 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 in the estate. [1969 c.591 §38; 1973 c.506 §8]

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ORS 112.255 Validity of execution of a will; incorporation by reference. (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 with the law of

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ORS 112.260 Reference in will to statement or list disposing of certain effects; admissibility; alteration. (1) Except as otherwise provided in a valid will, a will may refer to a writing that contains a statement or list disposing of household items, furniture, furnishings and personal effects. Money, property used in trade or business and items evidenced by documents or certificates of title may not be disposed of under this section

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ORS 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 the corpus of the trust, if

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ORS 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, 1974, shall be established only by

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ORS 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 contains an in terrorem clause that applies to the devisee, the court shall enforce the clause against the devisee even though the devisee establishes that there was probable cause for the contest

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ORS 112.275 Manner of revocation or alteration exclusive. A will may be revoked or altered only as provided in ORS 112.238, 112.260 or 112.285 to 112.315. [1969 c.591 §41; 2015 c.387 §14]

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ORS 112.285 Express revocation or alteration; partial revocation not valid. (1) A will may be revoked or altered by another will

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ORS 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 by the execution of another will in which the revoked or invalid will or part thereof is incorporated by reference. [1969 c.591 §43]

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ORS 112.305 Revocation by marriage; exceptions. A will is revoked by the subsequent marriage of the testator if the testator is survived by a spouse, unless

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ORS 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 will revokes all provisions in the will in favor of the former spouse of the testator and any provision in the will naming the former spouse as personal representative, and the effect of the will is the same as though the former spouse did not survive the testator. [1969 c.591 §45; 2017 c.169 §48]

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ORS 112.325 [1969 c.591 §46; repealed by 2015 c.387 §1]

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ORS 112.335 [1969 c.591 §47; repealed by 2015 c.387 §1]

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