2021 Oregon Revised Statutes
Chapter 112 - Intestate Succession and Wills
Section 112.065 - Passage by representation.


(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]

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.