(2) The elective share of a surviving spouse is determined by the length of time the spouse and decedent were married to each other, in accordance with the following schedule:
______________________________________________________________________________
If the decedent The elective-share
and the spouse percentage is:
were married to
each other:
Less than 2 years 5% of the
augmented estate
2 years but less
than 3 years 7% of the
augmented estate
3 years but less
than 4 years 9% of the
augmented estate
4 years but less
than 5 years 11% of the
augmented estate
5 years but less
than 6 years 13% of the
augmented estate
6 years but less
than 7 years 15% of the
augmented estate
7 years but less
than 8 years 17% of the
augmented estate
8 years but less
than 9 years 19% of the
augmented estate
9 years but less
than 10 years 21% of the
augmented estate
10 years but less
than 11 years 23% of the
augmented estate
11 years but less
than 12 years 25% of the
augmented estate
12 years but less
than 13 years 27% of the
augmented estate
13 years but less
than 14 years 29% of the
augmented estate
14 years but less
than 15 years 31% of the
augmented estate
15 years or more
33% of the
augmented estate
______________________________________________________________________________ [2009 c.574 §3]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 114 - Administration of Estates Generally
Section 114.005 - Occupancy of principal dwelling of decedent by spouse and children.
Section 114.015 - Support of spouse and children.
Section 114.025 - Petition for support and answer.
Section 114.055 - Nature of support.
Section 114.215 - Devolution of and title to property; custody of pets.
Section 114.225 - Possession and control of decedent’s estate.
Section 114.305 - Transactions authorized for personal representative.
Section 114.325 - Power to sell, mortgage, lease and deal with property.
Section 114.355 - Sale or encumbrance to personal representative voidable; exceptions.
Section 114.365 - Validation of certain sales.
Section 114.405 - Personal liability of personal representative.
Section 114.415 - Copersonal representatives; when joint action required.
Section 114.425 - Discovery of property, writings and information.
Section 114.441 - Definitions for ORS 114.441 to 114.462.
Section 114.444 - Application.
Section 114.447 - Court approval of settlement of personal injury claim or wrongful death claim.
Section 114.450 - Deferral of requirements.
Section 114.453 - Petition for appointment of personal representative.
Section 114.459 - Waiver of requirements.
Section 114.505 - Definitions for ORS 114.505 to 114.560.
Section 114.510 - Value limitations for small estate.
Section 114.525 - Content of affidavit; rules.
Section 114.537 - Safe deposit boxes.
Section 114.540 - Procedure for claims.
Section 114.542 - Summary determination.
Section 114.547 - Sales and transfers to third parties.
Section 114.549 - Liability of affiant.
Section 114.552 - Filing fees.
Section 114.555 - Transfer of interest of decedent in property described in affidavit.
Section 114.560 - Exclusive remedy.
Section 114.600 - Elective share generally.
Section 114.605 - Amount of elective share.
Section 114.610 - Manner of making election.
Section 114.620 - Waiver of right to elect and other rights.
Section 114.630 - Augmented estate.
Section 114.635 - Exclusions from augmented estate.
Section 114.665 - Decedent’s nonprobate estate; property owned immediately before death.
Section 114.675 - Surviving spouse’s estate.
Section 114.690 - Decedent’s nonprobate transfers to surviving spouse.
Section 114.700 - Priority of sources from which elective share payable.
Section 114.705 - Liability of recipients of decedent’s nonprobate estate.