2021 Oregon Revised Statutes
Chapter 112 - Intestate Succession and Wills
Section 112.045 - Share of others than surviving spouse.


(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 decedent’s 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]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 03 - Landlord-Tenant, Domestic Relations, Probate

Chapter 112 - Intestate Succession and Wills

Section 112.015 - Net intestate estate; effect of exclusion by will.

Section 112.025 - Share of surviving spouse if decedent leaves descendants.

Section 112.045 - Share of others than surviving spouse.

Section 112.047 - Forfeiture of parent’s share by reason of termination of parental rights or desertion or neglect.

Section 112.049 - Petition for forfeiture of parent’s share.

Section 112.055 - Escheat.

Section 112.058 - Preferences and presumptions in escheat proceedings.

Section 112.065 - Passage by representation.

Section 112.077 - Time of determining relationships; application to different circumstances of conception.

Section 112.105 - Succession where parents not married.

Section 112.135 - When gift is an advancement; valuation of advancement.

Section 112.145 - Effect of advancement on distribution.

Section 112.175 - Adopted persons.

Section 112.232 - Uniform International Wills Act.

Section 112.235 - Execution of a will.

Section 112.238 - Exception to will execution formalities; petition; notice; written objections; hearing; fee.

Section 112.255 - Validity of execution of a will; incorporation by reference.

Section 112.260 - Reference in will to statement or list disposing of certain effects; admissibility; alteration.

Section 112.265 - Testamentary additions to trusts.

Section 112.270 - Procedure to establish contract to make will or devise or not to revoke will or devise.

Section 112.272 - In terrorem clauses valid and enforceable; exceptions.

Section 112.285 - Express revocation or alteration; partial revocation not valid.

Section 112.305 - Revocation by marriage; exceptions.

Section 112.385 - Nonademption of specific devises in certain cases.

Section 112.400 - Effect of failure of devise.

Section 112.405 - Children born, adopted or conceived after execution of will; pretermitted children.

Section 112.455 - Definitions for ORS 112.455 to 112.555.

Section 112.465 - Slayer or abuser considered to predecease decedent.

Section 112.475 - Jointly owned property.

Section 112.495 - Reversions, vested remainders, contingent remainders and future interests.

Section 112.505 - Property appointed; powers of revocation or appointment.

Section 112.515 - Proceeds of insurance on life and other benefit plans of decedent.

Section 112.525 - Proceeds of insurance on life of slayer or abuser.

Section 112.555 - Final judgment as conclusive; evidence of felonious and intentional killing.

Section 112.570 - Definitions for ORS 112.570 to 112.590.

Section 112.572 - Requirement of survival.

Section 112.578 - Construction of survivorship provisions in governing instruments.

Section 112.580 - Co-owners with right of survivorship; requirement of survival.

Section 112.582 - Evidence of death or status.

Section 112.586 - Exceptions.

Section 112.588 - Protection of payors and other third parties.

Section 112.590 - Protection of bona fide purchasers; personal liability of recipient.

Section 112.715 - Application to certain property.

Section 112.725 - Rebuttable presumptions.

Section 112.765 - Rights of purchaser.

Section 112.775 - Application and construction.

Section 112.800 - Definition for ORS 112.800 to 112.830.

Section 112.805 - Exclusive manner of disposing of wills; destroyed will not revoked.

Section 112.810 - Duties of custodian of will.

Section 112.815 - Conditions for disposal of will.

Section 112.820 - Procedure for destruction of will; affidavit.

Section 112.825 - Liability for destruction of will.

Section 112.830 - Court may order delivery of will.