If the decedent leaves a surviving spouse and one or more descendants, the intestate share of the surviving spouse is:

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Terms Used In Oregon Statutes 112.025

  • Decedent: A deceased person.
  • Intestate: Dying without leaving a will.

(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]

 

[Amended by 1969 c.591 § 71; renumbered 112.595]