Oregon Revised Statutes

Or. Rev. Stat. § 112.025 (2026)

Share of surviving spouse if decedent leaves descendants

✓ current as of May 2026

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112.025 Share of surviving spouse if decedent leaves descendants. If the decedent leaves a surviving spouse and one or more descendants, the intestate share of the surviving spouse is:

(1) If there are one or more surviving descendants of the decedent all of whom are descendants of the surviving spouse also, the entire net intestate estate.

(2) If there are one or more surviving descendants of the decedent one or more of whom are not descendants of the surviving spouse, one-half of the net intestate estate. [1969 c.591 §20; 1987 c.329 §1; 2016 c.42 §2]

112.030 [Amended by 1969 c.591 §71; renumbered 112.595]

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1978–2024 · leading case: Geiger v. Kitzhaber, 994 F. Supp. 2d 1128 (D. Or. 2014).

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Geiger v. Kitzhaber, 994 F. Supp. 2d 1128 (D. Or. 2014). “See §§ 112.025, .035. Domestic partners are not guaranteed the same treatment at retirement as married couples.”

Cron v. Zimmer, 296 P.3d 567 (Or. Ct. App. 2013). “First, plaintiffs raise an unpreserved assignment of error in which they contend that the trial court failed to consider intestate succession law under ORS 112.025; we reject it without discussion.”

Johnstone v. Zimmer, 81 P.3d 92 (Or. Ct. App. 2003). “ORS 112.025(2). The children of the decedent share equally in the portion of decedent’s assets not awarded to his surviving spouse.”

McKee v. Stoddard, 780 P.2d 736 (Or. Ct. App. 1989). · cites it 2× “ORS 112.025. On de novo review, we affirm on both the appeal and the cross-appeal.”

Stevenson v. United States Nat'l Bank, 695 P.2d 77 (Or. Ct. App. 1985). · cites it 3× “ORS 112.025. 3 Appellant notes that “had David Stevenson lived to conclude his second divorce from Alberta Mae there would have been no property allocation to her that accumulated during that marriage lasting less than all of March 1982.”

Kuang v. Kuang, 336 Or. App. 168 (Or. Ct. App. 2024). “9 8 Pursuant to ORS 112.025, if Grace is Michael’s surviving spouse, she is entitled to half of Michael’s “net intestate estate,” with Tina receiving the other half under ORS 112.”

Matter of Marriage of Engle, 629 P.2d 397 (Or. Ct. App. 1981). “The equitable rights the wife has in marital assets by virtue of ORS 107.105(l)(e) are not descendible.”

McClain v. Hardy, 56 P.3d 501 (Or. Ct. App. 2002). “015 provides that “[a]ny 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.” The cross-referenced statutes constitute the Oregon law of intestate succession.”

Matter of Est. of Steinberg, 578 P.2d 487 (Or. Ct. App. 1978). “085(1) provides in relevant part that upon the filing of an appropriate petition the probate court shall appoint "* * * a qualified person it finds suitable as personal representative, giving preference * * * 5j! 5f! :}! "(b) [t]o the surviving spouse of the decedent * * 2 ORS…”

Vandevert v. Dep't of Revenue, 9 Or. Tax 157 (Or. T.C. 1982). “Under the laws of intestacy, plaintiff would have received one-half of the decedent’s estate (ORS 112.025) and the children would have received the remaining one-half (ORS 112.”

— Or. Rev. Stat. § 112.025(2) — 1 case

Johnstone v. Zimmer, 81 P.3d 92 (Or. Ct. App. 2003). “ORS 112.025(2). The children of the decedent share equally in the portion of decedent’s assets not awarded to his surviving spouse.”

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