Oregon Revised Statutes

Or. Rev. Stat. § 112.035 (2026)

Share of surviving spouse if decedent leaves no descendant

✓ current as of May 2026

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112.035 Share of surviving spouse if decedent leaves no descendant. If the decedent leaves a surviving spouse and no descendant, the intestate share of the surviving spouse is the entire net intestate estate. [1969 c.591 §21; 2016 c.42 §3]

112.040 [Amended by 1969 c.591 §73; renumbered 112.615]

Notes of Decisions

Cited in 2 cases, 1980–1993 · leading case: Matter of Est. of Vander Galien, 614 P.2d 127 (Or. Ct. App. 1980).

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Matter of Est. of Vander Galien, 614 P.2d 127 (Or. Ct. App. 1980). “See ORS 112.035. The record discloses sufficient evidence that a conflict 1 is likely to arise between the interest of mother in her personal capacity and the interest of the estate and wife as heir, which, coupled with wife’s statutory preference (ORS 113.”

O'Connor v. Zeldin, 848 P.2d 647 (Or. Ct. App. 1993). · cites it 3× “Defendant also argues that the trial court erred when it did not consider the effect of his “statutory inheritance rights” in deciding what the parties intended by their agreement.”

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