2017 ORS 112.025¹
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:

(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]

Notes of Decisions

Where decedent’s marriage voided his pre­vi­ous will and undue influence voided his only sub­se­quent will, division of decedent’s prop­erty is governed by rules of intestacy. McKee v. Stoddard, 98 Or App 514, 780 P2d 736 (1989), Sup Ct review denied

Law Review Cita­tions

57 OLR 135 (1977)

1 Legislative Counsel Committee, CHAPTER 112—Intestate Succession and Wills, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors112.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 112, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano112.­html (2017) (last ac­cessed Mar. 30, 2018).
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.