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Current as of January 01, 2023 | Updated by FindLaw Staff
(1) Except as provided in subsection (2) of this section, the decedent's nonprobate transfers to the decedent's surviving spouse include all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including:
(a) The decedent's fractional interest in property held in any form of survivorship tenancy, as described in ORS 114.665 (1), to the extent that the decedent's fractional interest passed to the surviving spouse as surviving tenant;
(b) The decedent's ownership interest in property or accounts held in co-ownership registration with the right of survivorship, to the extent that the decedent's ownership interest passed to the surviving spouse as surviving co-owner;
(c) Insurance proceeds payable to the surviving spouse by reason of the death of the decedent; and
(d) All other property that would have been included in the decedent's nonprobate estate under ORS 114.660 and 114.665 had it passed to or for the benefit of a person other than the decedent's spouse.
(2) The decedent's nonprobate transfers to the decedent's surviving spouse do not include any property passing to the surviving spouse under the federal Social Security Act.
Cite this article: FindLaw.com - Oregon Revised Statutes Probate Law § 114.690 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-12-probate-law/or-rev-st-sect-114-690/
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