2011 ORS § 114.600¹
Elective share generally

(1) If a decedent is domiciled in this state on the decedents date of death, and the decedent is survived by a spouse, the surviving spouse of the decedent may elect to receive the elective share provided by ORS 114.600 (Elective share generally) to 114.725 (Effect of separation). An election under ORS 114.600 (Elective share generally) to 114.725 (Effect of separation) must be made before the death of the surviving spouse by the filing of a motion or petition in the manner described in ORS 114.610 (Manner of making election). If a motion or petition is filed within the time specified in ORS 114.610 (Manner of making election), and the surviving spouse dies before payment of the elective share, the personal representative for the estate of the surviving spouse may take all steps necessary to secure payment of the elective share under ORS 114.600 (Elective share generally) to 114.725 (Effect of separation).

(2) Any amounts received under ORS 114.015 (Support of spouse and children) are in addition to the elective share provided for in ORS 114.600 (Elective share generally) to 114.725 (Effect of separation).

(3) If a decedent dies while domiciled outside this state, any right of a surviving spouse of the decedent to take an elective share in property in this state is governed by the law of the decedents domicile at death. [2009 c.574 §2]

Note: Section 23, chapter 574, Oregon Laws 2009, provides:

Sec. 23. Sections 2 to 20 of this 2009 Act [114.600 (Elective share generally) to 114.725 (Effect of separation)] and the amendments to ORS 114.555 (Effect of failure to appoint personal representative) by section 21 of this 2009 Act apply only to the surviving spouses of decedents who die on or after the effective date of this 2009 Act [January 1, 2011]. Notwithstanding the repeal of ORS 114.105, 114.115, 114.125, 114.135, 114.145, 114.155 and 114.165 by section 25 of this 2009 Act, the rights of a surviving spouse of a decedent who dies before the effective date of this 2009 Act shall continue to be governed by the law in effect immediately before the effective date of this 2009 Act. [2009 c.574 §23]