Title 12, Probate Law

(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. (2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent …

If the decedent leaves a surviving spouse and one or more descendants, the intestate share of the surviving spouse is: (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 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]

The part of the net intestate estate not passing to the surviving spouse shall pass: (1) To the descendants of the decedent by representation as described in ORS 112.065. (2) If there is no surviving descendant, to the surviving parents of the decedent. (3) If there is no survivi…

(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: (a) The parental rights of the parent with respect to the decedent were term…

(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. (2…

(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. (2) If a devisee or a person entitle…

(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: (a) No preference shall be given to any person over escheat; and (b) After diligent search and inquiry appropriate to the circums…

“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: (1) If a distributive share of a wholly or partially intestate estat…

(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. (2) Except as provided in subsections (3) and (4) of this section, the relationships existing at the time of the d…

Persons of the half blood inherit the same share that they would inherit if they were of the whole blood. [1969 c.591 §27]

(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. (2) For all purposes of intestate succession and for those purposes only, before the relationship of…

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] ADVANCEMENTS

(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 …

(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 …

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] ST…

(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…

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 …

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, he…

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]

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…

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]

(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 person” and “person authorized to act in connection with international wills” means a person who by subsection (9) of this sectio…

(1) Except as provided in ORS 112.238, a will shall be in writing and shall be executed in accordance with the following formalities: (a) The testator, in the presence of each of the witnesses, shall: (A) Sign the will; (B) Direct one of the witnesses or some other person to sign…

(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: (a) The writing was executed before the decedent’s death; (b)(A) The decedent signed the writing; or (B) At the directi…

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]

(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: (a) This state at the time of execution or at the time of death of the testator; (b) The domicile of the testator at the time o…

(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 …

(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: (a) The trust is established or will be established by the testator, or by the testator and some other person or persons, or by…

(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: (a) Provisions of a will stating material provisions of the contract; (b) An express reference in a will to a contract an…

(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 establish…

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]

(1) A will may be revoked or altered by another will. (2) A will may be revoked by one or more physical acts by being burned, torn, canceled, obliterated or destroyed, with the intent and purpose of the testator of revoking the will, by the testator, or by another person at the d…

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]

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 intent that it not be revoked by the subsequent marriage or was drafted under circumstances establishing that it was in contemplation of the mar…

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 sp…

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 heirs of the person, vests an estate or interest for life only in the devisee and remainder in the heirs. [1969 c.591 §48; 2015 c.387 §17]

A devise of property passes all of the interest of the testator in the property at the time of the death of the testator, unless the will evidences the intent of the testator to devise a lesser interest. [1969 c.591 §49; 2015 c.387 §18]

Any property acquired by the testator after the making of a will passes pursuant to the will as if title to the property were vested in the testator at the time of making the will, unless the intent expressed in the will is clear and explicit to the contrary. [1969 c.591 §50; 201…

(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 encumbrance, destruction, damage, sale, condemnation or change in form of the property specifically devised. This section is inappl…

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 descendants, the descendants take by representation the property the devisee would have taken if the devisee had survived the testator, unles…

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 residue. (2) If the residue is devised to two or more persons and the share of one of the residuary devisees fails for any reason, the share passes to t…

(1) As used in this section, “pretermitted child” means a child of a testator who is born, adopted, or conceived as described in ORS 112.077 (3) or (4), after the execution of the will of the testator, who is neither provided for in the will nor in any way mentioned in the will a…

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 appointment held by the testator unless specific reference is made to the power or there is some other indication of intention to include the p…

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 be entitled to take any portion of the estate of a testator disposed of by the will of the testator other than as provided in the will. [19…

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 abuse as described in ORS 124.105 or financial abuse as described in ORS 124.110. (2) “Decedent” means: (a) A person whose life is taken by a…

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 reason of conduct that constitutes physical abuse of the decedent, as described in ORS 124.105, or financial abuse of the decedent, as described in O…

(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 the decedent, whether by intestate succession, by will, by transfer on death deed, by trust, or otherwise, passes on death and vests as if the slayer or abuser ha…

(1) 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 or with a right of survivorship, upon the death of the decedent, there exist two undivided equal interests in the property. One share passes to a…

(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 for the lifetime of the decedent passes to the heirs or devisees of the decedent for a period of time equal to the normal life expectancy of a perso…