2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 114 - Administration of Estates Generally
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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