112.045 Share
of others than surviving spouse.
The part of the net intestate estate not passing to the surviving spouse shall
pass:
(1) To the
descendants of the decedent by representation as described in ORS 112.065.
(2) If there is
no surviving descendant, to the surviving parents of the decedent.
(3) If there is
no surviving descendant or parent, equally to the brothers and sisters of the
decedent and by representation as described in ORS 112.065 to the descendants
of any deceased brother or sister of the decedent. If there is no surviving
brother or sister, the descendants of brothers and sisters take equally if they
are all of the same generation in relation to the decedent, but if of different
generations, then those of later generations take by representation as
described in ORS 112.065.
(4)(a) If there
is no surviving descendant, parent or descendant of a parent, equally to the
grandparents of the decedent and by representation as described in ORS 112.065
to the descendants of any deceased grandparent of the decedent who left
descendants surviving at the time of the decedent’s death. If one or more
grandparents of the decedent do not survive the decedent, the descendants of
each of the deceased grandparents take equally if they are all of the same
generation in relation to the decedent, but if of different generations, then those
of later generations take by representation as described in ORS 112.065.
(b) If there is
no surviving grandparent, the descendants of grandparents take equally if they
are all of the same generation in relation to the decedent, but if of different
generations, then those of later generations take by representation as described
in ORS 112.065.
(5) If, at the
time of taking, surviving parents or grandparents of the decedent are married
to each other, they shall take real property as tenants by the entirety and
personal property as joint owners with the right of survivorship. [1969 c.591 §22;
2015 c.387 §3; 2016 c.42 §§4,4a]
Notes of Decisions
Cited in
14
cases (
4 in the last 5 years), 1974–2025 · leading case:
Johnstone v. Zimmer, 81 P.3d 92 (Or. Ct. App. 2003).
Johnstone v. Zimmer, 81 P.3d 92 (Or. Ct. App. 2003).
“ORS 112.045(1). In this case, an intestate share of the estate for each of the five children is 10 percent of the estate, leaving 50 percent for respondent.”
Kuang v. Kuang, 336 Or. App. 168 (Or. Ct. App. 2024).
· cites it 2× “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 112.045. But if Tina is correct that Grace is not Michael’s surviving spouse because Grace and Michael’s marriage was void, then…”
Libbee v. Permanente Clinic, 518 P.2d 636 (Or. 1974).
“” ORS 112.045 .now defines a pretermitted child as one born after the ■execution of a will and who survives the testator.”
In Re Complaint as to the Conduct of Benson, 814 P.2d 507 (Or. 1991).
“ORS 112.045(2). The accused’s misconduct, therefore, did not result in the property being conveyed to anyone other than to its rightful owner, Marian Benson.”
McClain v. Hardy, 56 P.3d 501 (Or. Ct. App. 2002).
· cites it 2× “Pursuant to ORS 112.045, if there is no surviving spouse, the net estate is to be distributed as follows: “(1) To the issue of the decedent.”
Est. of Hines v. Hines, 573 P.2d 1260 (Or. Ct. App. 1978).
· cites it 2× “If not, the settlement proceeds must become part of his estate and pass by intestacy in equal shares to the mother and father under ORS 112.045. The trial court found that the mother depended on payments from decedent to support herself and her younger children.”
Kuang v. Kuang, 336 Or. App. 168 (Or. Ct. App. 2024).
· cites it 2× “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 112.045. But if Tina is correct that Grace is not Michael’s surviving spouse because Grace and Michael’s marriage was void, then…”
Reynolds v. Givens, 588 P.2d 113 (Or. Ct. App. 1978).
“Under ORS 112.045 he would be entitled to share equally with his sister in the estate since decedent left no *792 widow.”
Dep't of Land Conservation & Dev. v. Yamhill Cnty., 949 P.2d 1245 (Or. Ct. App. 1997).
· cites it 2× “For example, sisters-in-law and brothers-in-law are among the “owners” defined by subsection (6), but they are not heirs at law under ORS 112.045; correspondingly, first cousins may take by intestate succession under ORS 112.”
Hammond v. Rush, 345 Or. App. 660 (Or. Ct. App. 2025).
“” ORS 112.045(1). “ ‘Descendant’ means a person who is descended from a specific ancestor and includes an adopted child and the adopted child’s descen- dants.”
Dicker v. Wiman, 596 P.2d 570 (Or. Ct. App. 1979).
“See ORS 112.045. On June 13, 1977, the personal representative filed her first and final accounting.”
Veberes v. Phillips, 542 P.2d 928 (Or. Ct. App. 1975).
“ORS 112.045. On February 23, 1971, R. W. Phillips, a son, was appointed personal representative.”
— Or. Rev. Stat. § 112.045(1) — 4 cases
Johnstone v. Zimmer, 81 P.3d 92 (Or. Ct. App. 2003).
“ORS 112.045(1). In this case, an intestate share of the estate for each of the five children is 10 percent of the estate, leaving 50 percent for respondent.”
Hammond v. Rush, 345 Or. App. 660 (Or. Ct. App. 2025).
“” ORS 112.045(1). “ ‘Descendant’ means a person who is descended from a specific ancestor and includes an adopted child and the adopted child’s descen- dants.”
— Or. Rev. Stat. § 112.045(2) — 2 cases
In Re Complaint as to the Conduct of Benson, 814 P.2d 507 (Or. 1991).
“ORS 112.045(2). The accused’s misconduct, therefore, did not result in the property being conveyed to anyone other than to its rightful owner, Marian Benson.”
Est. of Hines v. Hines, 573 P.2d 1260 (Or. Ct. App. 1978).
“If not, the settlement proceeds must become part of his estate and pass by intestacy in equal shares to the mother and father under ORS 112.045. The trial court found that the mother depended on payments from decedent to support herself and her younger children.”
— Or. Rev. Stat. § 112.045(4) — 1 case
Dep't of Land Conservation & Dev. v. Yamhill Cnty., 949 P.2d 1245 (Or. Ct. App. 1997).
“For example, sisters-in-law and brothers-in-law are among the “owners” defined by subsection (6), but they are not heirs at law under ORS 112.045; correspondingly, first cousins may take by intestate succession under ORS 112.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.