114.600 Elective
share generally.
(1) If a decedent is domiciled in this state on the decedent’s date of death,
and the decedent is survived by a spouse, the surviving spouse of the decedent
may elect to receive the elective share provided by ORS 114.600 to 114.725. An
election under ORS 114.600 to 114.725 must be made before the death of the surviving
spouse by the filing of a motion or petition in the manner described in ORS
114.610. If a motion or petition is filed within the time specified in ORS
114.610, and the surviving spouse dies before payment of the elective share,
the personal representative for the estate of the surviving spouse may take all
steps necessary to secure payment of the elective share under ORS 114.600 to
114.725.
(2) Any amounts
received under ORS 114.015 are in addition to the elective share provided for
in ORS 114.600 to 114.725.
(3) If a decedent
dies while domiciled outside this state, any right of a surviving spouse of the
decedent to take an elective share in property in this state is governed by the
law of the decedent’s domicile at death. [2009 c.574 §2]
Notes of Decisions
Nay v. Dep't of Human Servs., 385 P.3d 1001 (Or. 2016).
· cites it 3× “105(l)(f)); by the right of a spouse to an elective share under probate *687 law (ORS 114.600 to 114.725); by the statutory ability to avoid transfers without adequate consideration under ORS 416.”
Dept. of Human Servs. v. Hobart, 507 P.3d 299 (Or. Ct. App. 2022).
“105(1)(f); a spouse’s right to an elective share under probate law, ORS 114.600 to 114.725; the voidability of transfers made without adequate consideration, ORS 416.”
Nay v. Dep't of Human Servs., 340 P.3d 720 (Or. Ct. App. 2014).
“ORS 114.600(1) (“[T]he surviving spouse of the decedent may elect to receive the elective share.”
Givan v. State (In re Est. of Nelson), 410 P.3d 311 (Or. Ct. App. 2017).
· cites it 2× “550 ; and "(2) For the purposes of the surviving spouse's claim for an elective share in the manner provided by ORS 114.600 to 114.725." *132 The statutes referenced in subsection (1) are those that create the small estate claims procedure ( ORS 114.”
— Or. Rev. Stat. § 114.600(1) — 2 cases
Nay v. Dep't of Human Servs., 385 P.3d 1001 (Or. 2016).
“105(l)(f)); by the right of a spouse to an elective share under probate *687 law (ORS 114.600 to 114.725); by the statutory ability to avoid transfers without adequate consideration under ORS 416.”
Nay v. Dep't of Human Servs., 340 P.3d 720 (Or. Ct. App. 2014).
“ORS 114.600(1) (“[T]he surviving spouse of the decedent may elect to receive the elective share.”
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