Elective Share in Oregon
State-specific overview · Estate & Probate
A surviving spouse may elect to take one-third of the estate regardless of the will's terms.
How Oregon treats Elective Share
Oregon grants a surviving spouse an elective share of one-third of the estate under ORS 112.705. This share is available even if the will leaves the spouse less than one-third or nothing at all. The election must generally be made within nine months of the death. Oregon's approach is simpler than some states because the spouse's share does not vary based on whether the deceased had children.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Oregon.