Applied in 9 court decisions — leading case 191 Or. App. 26 - Johnstone v. Zimmer (2003)
Most recently applied in Kuang v. Kuang (November 2024)
1969 c.591 §20; 1987 c.329 §1; 2016 c.42 §2
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
If the decedent leaves a surviving spouse and one or more descendants, the intestate share of the surviving spouse is:
(1) If there are one or more surviving descendants of the decedent all of whom are descendants of the surviving spouse also, the entire net intestate estate.
(2) If there are one or more surviving descendants of the decedent one or more of whom are not descendants of the surviving spouse, one-half of the net intestate estate.
Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.