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Current as of January 01, 2023 | Updated by FindLaw Staff
(1) Except as otherwise provided in ORS 114.600 to 114.725, the amount of the elective share is a dollar amount determined by multiplying the augmented estate by the percentage provided in this section. All properties included in the augmented estate shall be determined as provided in ORS 114.600 to 114.725. A court of this state has authority to order distribution under ORS 114.600 to 114.725 of all properties included in the augmented estate under ORS 114.600 to 114.725.
(2) The elective share of a surviving spouse is determined by the length of time the spouse and decedent were married to each other, in accordance with the following schedule:
|
If the decedent and the spouse were married to each other: | The elective-share percentage is: |
---|---|---|
| ||
Less than 2 years | 5% of the augmented estate | |
2 years but less than 3 years | 7% of the augmented estate | |
3 years but less than 4 years | 9% of the augmented estate | |
4 years but less than 5 years | 11% of the augmented estate | |
5 years but less than 6 years | 13% of the augmented estate | |
6 years but less than 7 years | 15% of the augmented estate | |
7 years but less than 8 years | 17% of the augmented estate | |
8 years but less than 9 years | 19% of the augmented estate | |
9 years but less than 10 years | 21% of the augmented estate | |
10 years but less than 11 years | 23% of the augmented estate | |
11 years but less than 12 years | 25% of the augmented estate | |
12 years but less than 13 years | 27% of the augmented estate | |
13 years but less than 14 years | 29% of the augmented estate | |
14 years but less than 15 years | 31% of the augmented estate | |
15 years or more | 33% of the augmented estate |
Cite this article: FindLaw.com - Oregon Revised Statutes Probate Law § 114.605 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-12-probate-law/or-rev-st-sect-114-605/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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