‘Representation’ means the method of determining the passing of the net intestate estate when the distributees are of different generations in relation to the decedent. Representation is accomplished as follows:

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Terms Used In Oregon Statutes 112.065

  • Decedent: A deceased person.
  • Intestate: Dying without leaving a will.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(1) If a distributive share of a wholly or partially intestate estate passes by representation to a person‘s descendants, the share is divided into as many equal shares as there are:

(a) Surviving descendants in the generation nearest to the person that contains one or more surviving descendants; and

(b) Deceased descendants, in the generation nearest to the person that contains one or more surviving descendants, who left surviving descendants, if any.

(2) Each share created for a surviving descendant in the nearest generation is distributed to that descendant. Each share created for a deceased descendant is distributed to the descendants of the deceased descendant by representation as described in this section. [1969 c.591 § 24; 2015 c.387 § 6; 2016 c.42 § 6]

 

[Amended by 1969 c.591 § 75; renumbered 112.635]

 

[1969 c.591 § 25; repealed by 2015 c.387 § 1]