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Oregon Revised Statutes

Or. Rev. Stat. § 112.105 (2026)

Succession where parents not married

✓ current as of May 2026
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      112.105 Succession where parents not married. (1) For all purposes of intestate succession, full effect shall be given to all relationships as described in ORS 109.060, except as otherwise provided by law in case of adoption.

      (2) For all purposes of intestate succession and for those purposes only, before the relationship of parent and child and other relationships dependent upon the establishment of parentage shall be given effect under subsection (1) of this section:

      (a) The parentage of the child shall have been established under ORS 109.065 during the lifetime of the child; or

      (b) The parent must have acknowledged being the parent of the child in writing, signed by the parent during the lifetime of the child. [1969 c.591 §28; 2015 c.387 §7; 2017 c.651 §35; 2025 c.34 §1; 2025 c.592 §77]

Notes of Decisions
Cited in 7 cases, 1971–2003 · leading case: Thom v. Bailey, 481 P.2d 355 (Or. 1971).
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Thom v. Bailey, 481 P.2d 355 (Or. 1971). · cites it 8× “231), was later repealed by Oregon Laws 1969, ch 591, § 28 and replaced by what is now ORS 112.105. ⑯ ORS 109.110 et seq, providing for filiation proceedings, were repealed by the new Probate Code, Oregon Laws 1969, ch 619, § 15, and replaced by ORS 109.”
State Ex Rel. Adult & Fam. Servs. Div. v. Bradley, 666 P.2d 249 (Or. 1983). · cites it 3× “ORS 112.105. 11 *222 We must consider whether, in light of this inconsistent application, there is something unique to the determination of paternity in the context of a filiation proceeding which justifies the imposition of this limitation period.”
Smith v. Caldwell, 71 P.3d 584 (Or. Ct. App. 2003). · cites it 5× “ORS 112.105 provides two methods by which a child whose parents are not married can establish paternity for the purposes of intestate succession.”
Sola v. Clostermann, 679 P.2d 317 (Or. Ct. App. 1984). “ORS 112.105, adopted in 1969, requires *474 that children born out of wedlock take for purposes of intestate succession, as would children born in wedlock.”
Hunter v. Craft, 588 P.2d 617 (Or. Ct. App. 1978). · cites it 4× “He argues that by operation of ORS 112.105(2)(b) he is an heir. That statute provides: "(2) For all purposes of intestate succession and for those purposes only, before the relationship of father and child and other relationships dependent upon the establishment of paternity…”
State ex rel. Adult & Fam. Servs. Div. v. Keusink, 684 P.2d 1239 (Or. Ct. App. 1984). “ORS 112.105. See State ex rel Adult & Fam.”
State Ex Rel. AFSD v. Keusink, 684 P.2d 1239 (Or. Ct. App. 1984). “NOTES [1] The only apparent exceptions concern the declaration of heirship, which must be commenced within ten years of a father's death, ORS 111.”
— Or. Rev. Stat. § 112.105(2) — 1 case
Smith v. Caldwell, 71 P.3d 584 (Or. Ct. App. 2003). “ORS 112.105 provides two methods by which a child whose parents are not married can establish paternity for the purposes of intestate succession.”
— Or. Rev. Stat. § 112.105(2)(a) — 1 case
Smith v. Caldwell, 71 P.3d 584 (Or. Ct. App. 2003). “ORS 112.105 provides two methods by which a child whose parents are not married can establish paternity for the purposes of intestate succession.”
— Or. Rev. Stat. § 112.105(2)(b) — 2 cases
Hunter v. Craft, 588 P.2d 617 (Or. Ct. App. 1978). “He argues that by operation of ORS 112.105(2)(b) he is an heir. That statute provides: "(2) For all purposes of intestate succession and for those purposes only, before the relationship of father and child and other relationships dependent upon the establishment of paternity…”
Smith v. Caldwell, 71 P.3d 584 (Or. Ct. App. 2003). “ORS 112.105 provides two methods by which a child whose parents are not married can establish paternity for the purposes of intestate succession.”
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