112.015 Net
intestate estate; effect of exclusion by will. (1) Any part of the net estate of
a decedent not effectively disposed of by the will of the decedent shall pass
as provided in ORS 112.025 to 112.055.
(2) A decedent by
will may expressly exclude or limit the right of an individual or class to
succeed to property of the decedent passing by intestate succession. If that
individual or a member of that class survives the decedent, the share of the
decedent’s intestate estate to which that individual or class would have
succeeded passes as if that individual or each member of that class had
disclaimed that individual’s or member’s intestate share. [1969 c.591 §19; 2015
c.387 §2]
112.017 [1993 c.598 §4; 1995 c.235 §1;
repealed by 1999 c.133 §1]
112.020 [Amended by 1969 c.591 §70;
renumbered 112.585]
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1972–2025 · leading case:
McClain v. Hardy, 56 P.3d 501 (Or. Ct. App. 2002).
McClain v. Hardy, 56 P.3d 501 (Or. Ct. App. 2002).
· cites it 6× “The personal representative argues that, because the will contains no provision for the disposition of the net estate, pursuant to ORS 112.015, the net estate must pass to decedent’s only child, Deborah Smith, in accordance with the law of intestate succession.”
Buresh v. First Nat'l Bank, 500 P.2d 1063 (Or. Ct. App. 1972).
“ORS 112.015; 112.045(1). We have held that California’s statutes apply.”
Hammond v. Rush, 345 Or. App. 660 (Or. Ct. App. 2025).
“ORS 112.015. If decedent leaves no surviving spouse, the intestate estate passes “[t]o the descen- dants of the decedent * * *.”
Murphy v. Powers, 743 P.2d 777 (Or. Ct. App. 1987).
“The court then ordered the residue of the estate distributed according to the laws of intestate succession, ORS 112.015 to ORS 112.115, because the will did not contain an effective residuary clause.”
Hammond v. Rush, 345 Or. App. 660 (Or. Ct. App. 2025).
“ORS 112.015. If decedent leaves no surviving spouse, the intestate estate passes “[t]o the descen- dants of the decedent * * *.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.