2015 ORS 112.015¹
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 (Share of surviving spouse if decedent leaves issue) to 112.055 (Escheat).

(2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent’s intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed that individual’s or member’s intestate share. [1969 c.591 §19; 2015 c.387 §2]

Notes of Decisions

Disinheritance clause in will does not, by itself, constitute disposi­tion of prop­erty for purpose of avoiding intestate succession by disinherited per­son. McClain v. Hardy, 184 Or App 448, 56 P3d 501 (2002)


1 Legislative Counsel Committee, CHAPTER 112—Intestate Succession and Wills, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors112.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 112, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano112.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.