ORS 116.133
Distribution

  • order in which assets appropriated
  • abatement

(1)

If the will expresses an order of abatement, or the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (2) of this section, the shares of the distributees abate as may be found necessary to give effect to the intention of the testator.

(2)

Except as provided in ORS 112.405 (Children born, adopted or conceived after execution of will) as to the shares of pretermitted children, and in ORS 114.600 (Elective share generally) to 114.725 (Effect of separation) relating to the elective share of the surviving spouse, shares of distributees abate without any preference or priority as between real and personal property in the following order:

(a)

Property not disposed of by the will.

(b)

Residuary devises.

(c)

General devises.

(d)

Specific devises.

(3)

A general devise charged on any specific property or fund is considered, for purposes of abatement, property specifically devised to the extent of the value of the thing on which it is charged. Upon the failure or insufficiency of the thing on which it is charged, it is considered a general devise to the extent of the failure or insufficiency.

(4)

Abatement within each classification is in proportion to the amounts of property each of the distributees would have received had full distribution of the property been made in accordance with the terms of the will.

(5)

Persons to whom the will gives tangible personal property not used in trade, agriculture or other business are not required to contribute from that property unless the particular devise forms a substantial amount of the total estate and the court specifically orders contribution because of the devise.

(6)

When the subject matter of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets. [1969 c.591 §180; 2009 c.574 §22]

Source: Section 116.133 — Distribution; order in which assets appropriated; abatement, https://www.­oregonlegislature.­gov/bills_laws/ors/ors116.­html.

116.007
Allocation of income
116.013
Petition and order for partial distribution
116.023
Bond or other security
116.033
Discharge of personal representative
116.043
Petition and order for refund by distributee
116.063
Liability of personal representative
116.073
Nonliability of personal representative
116.083
Accounting by personal representative
116.093
Notice for filing objections to final account and petition for distribution
116.103
Objections to final account and petition
116.113
Judgment of final distribution
116.123
Effect of approval of final account
116.133
Distribution
116.143
Interest on pecuniary devises
116.153
Right of offset and retainer
116.163
Distribution to foreign personal representative
116.173
Compensation of personal representative
116.183
Expenses of personal representative
116.193
Order of escheat
116.203
Disposition of unclaimed assets
116.208
Motion to close estate with no known assets
116.213
Discharge of personal representative
116.223
Recording of deed from personal representative
116.233
Reopening estate of decedent
116.243
Reports by court clerks, county clerks or court administrators to State Treasurer
116.253
Recovery of escheated property
116.263
Payment of debt and delivery of property to foreign personal representative without local administration
116.303
Definitions for ORS 116.303 to 116.383
116.313
Apportionment among interested persons
116.323
Apportionment proceedings
116.333
Withholding of tax
116.343
Allowances for exemptions, deductions and credits
116.353
Income interests
116.363
Proceedings for recovery of tax
116.373
Foreign personal representatives and estates
116.383
Construction
Green check means up to date. Up to date