Oregon Revised Statutes
Or. Rev. Stat. § 114.635 (2026)
Exclusions from augmented estate
✓ current as of May 2026
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114.635 Exclusions from augmented estate. The augmented estate does not include:
(1) Any value attributable to future enhanced earning capacity of either spouse;
(2) Any property that is irrevocably transferred before the death of the decedent spouse;
(3) Any property that is transferred on or after the date of the death of the decedent spouse with the written joinder or written consent of the surviving spouse;
(4) Any property that is community property under ORS 112.705 to 112.775 or under the laws of the jurisdiction where the property is located; or
(5) Any property that is held by either spouse solely in a fiduciary capacity. [2009 c.574 §9; 2011 c.305 §1]
(Decedent’s Probate Estate)
Notes of Decisions
Cited in 1
case, 2014–2014 · leading case: Nay v. Dep't of Human Servs., 340 P.3d 720 (Or. Ct. App. 2014).
Nay v. Dep't of Human Servs., 340 P.3d 720 (Or. Ct. App. 2014). “cedent’s probate estate, nonprobate estate, probate transfers to the surviving spouse, and non-probate transfers to the surviving spouse, in addition to the surviving spouse’s estate; limiting payments to satisfy the *261 elective share to amounts exceeding the value of the…”
Or. Rev. Stat. § 114.635(2): 1 case
Nay v. Dep't of Human Servs., 340 P.3d 720 (Or. Ct. App. 2014). “cedent’s probate estate, nonprobate estate, probate transfers to the surviving spouse, and non-probate transfers to the surviving spouse, in addition to the surviving spouse’s estate; limiting payments to satisfy the *261 elective share to amounts exceeding the value of the…”
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