Oregon Statutes 114.690 – Decedents nonprobate transfers to surviving spouse
(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:
Terms Used In Oregon Statutes 114.690
- Decedent: A deceased person.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probate: Proving a will
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
(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. [2009 c.574 § 15]
(Payment of Elective Share)