Decedent’s probate estate
For purposes of ORS 114.600 (Elective share generally) to 114.725 (Effect of separation), a decedent’s probate estate is the value of all estate property that is subject to probate and that is available for distribution after payment of claims and expenses of administration. A decedent’s probate estate includes all property that could be administered under a small estate affidavit pursuant to ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy). A decedent’s probate estate does not include any property that constitutes a probate transfer to the decedent’s surviving spouse under ORS 114.685 (Decedent’s probate transfers to surviving spouse). [2009 c.574 §10]
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