Oregon Code § 112.045·Enacted ·Last updated March 01, 2026
Statute Text
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of others than surviving spouse.
The part of the net intestate estate not passing to the surviving spouse shall
pass:
(1) To the
descendants of the decedent by representation as described in ORS 112.065.
(2) If there is
no surviving descendant, to the surviving parents of the decedent.
(3) If there is
no surviving descendant or parent, equally to the brothers and sisters of the
decedent and by representation as described in ORS 112.065 to the descendants
of any deceased brother or sister of the decedent. If there is no surviving
brother or sister, the descendants of brothers and sisters take equally if they
are all of the same generation in relation to the decedent, but if of different
generations, then those of later generations take by representation as
described in ORS 112.065.
(4)(a) If there
is no surviving descendant, parent or descendant of a parent, equally to the
grandparents of the decedent and by representation as described in ORS 112.065
to the descendants of any deceased grandparent of the decedent who left
descendants surviving at the time of the decedents death. If one or more
grandparents of the decedent do not survive the decedent, the descendants of
each of the deceased grandparents take equally if they are all of the same
generation in relation to the decedent, but if of different generations, then those
of later generations take by representation as described in ORS 112.065.
(b) If there is
no surviving grandparent, the descendants of grandparents take equally if they
are all of the same generation in relation to the decedent, but if of different
generations, then those of later generations take by representation as described
in ORS 112.065.
(5) If, at the
time of taking, surviving parents or grandparents of the decedent are married
to each other, they shall take real property as tenants by the entirety and
personal property as joint owners with the right of survivorship. [1969 c.591 §22;
2015 c.387 §3; 2016 c.42 §§4,4a]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 112.045
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
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