ORS § 114.605

Current through 2024 Regular Session legislation

Section 114.605 - Amount of elective share

(1) Except as otherwise provided in ORS 114.600 to 114.725, the amount of the elective share is a dollar amount determined by multiplying the augmented estate by the percentage provided in this section. All properties included in the augmented estate shall be determined as provided in ORS 114.600 to 114.725. A court of this state has authority to order distribution under ORS 114.600 to 114.725 of all properties included in the augmented estate under ORS 114.600 to 114.725.

(2) The elective share of a surviving spouse is determined by the length of time the spouse and decedent were married to each other, in accordance with the following schedule:

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If the decedent The elective-share

and the spouse percentage is:

were married to

each other:

Less than 2 years 5% of the

augmented estate

2 years but less

than 3 years 7% of the

augmented estate

3 years but less

than 4 years 9% of the

augmented estate

4 years but less

than 5 years 11% of the

augmented estate

5 years but less

than 6 years 13% of the

augmented estate

6 years but less

than 7 years 15% of the

augmented estate

7 years but less

than 8 years 17% of the

augmented estate

8 years but less

than 9 years 19% of the

augmented estate

9 years but less

than 10 years 21% of the

augmented estate

10 years but less

than 11 years 23% of the

augmented estate

11 years but less

than 12 years 25% of the

augmented estate

12 years but less

than 13 years 27% of the

augmented estate

13 years but less

than 14 years 29% of the

augmented estate

14 years but less

than 15 years 31% of the

augmented estate

15 years or more

33% of the

augmented estate

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ORS 114.605

2009 c. 574, § 3