Oregon Law
Law as of Jan 1, 2026
Chapter contents
112.010[Amended by 1969 c.591 §69; renumbered 112.575] 112.015Net intestate estate; effect of exclusion by will 112.017[1993 c.598 §4; 1995 c.235 §1; repealed by 1999 c.133 §1] 112.020[Amended by 1969 c.591 §70; renumbered 112.585] 112.025Share of surviving spouse if decedent leaves descendants 112.030[Amended by 1969 c.591 §71; renumbered 112.595] 112.035Share of surviving spouse if decedent leaves no descendant 112.040[Amended by 1969 c.591 §73; renumbered 112.615] 112.045Share of others than surviving spouse 112.047Forfeiture of parent’s share by reason of termination of parental rights or desertion or neglect 112.049Petition for forfeiture of parent’s share 112.050[Repealed by 1969 c.591 §305] 112.055Escheat 112.058Preferences and presumptions in escheat proceedings 112.060[Amended by 1969 c.591 §74; renumbered 112.625] 112.065Passage by representation 112.070[Amended by 1969 c.591 §75; renumbered 112.635] 112.075[1969 c.591 §25; repealed by 2015 c.387 §1] 112.077Time of determining relationships; application to different circumstances of conception 112.080[Amended by 1969 c.591 §76; renumbered 112.645] 112.085[1969 c.591 §26; 1973 c.506 §6; 1975 c.244 §1; repealed by 1999 c.131 §11] 112.095Persons of the half blood 112.105Succession where parents not married 112.115Persons related to decedent through two lines 112.135When gift is an advancement; valuation of advancement 112.145Effect of advancement on distribution 112.155Death of advancee before decedent 112.175Adopted persons 112.185Effect of more than one adoption 112.195References in wills, deeds and other instruments to accord with law of intestate succession 112.225Who may make a will 112.227Intention of testator expressed in will as controlling 112.230Local law of state selected by testator controlling unless against public policy 112.232Uniform International Wills Act 112.235Execution of a will 112.237[1981 c.481 §3; repealed by 1993 c.98 §26] 112.238Exception to will execution formalities; petition; notice; written objections; hearing; fee 112.245Witness as beneficiary 112.255Validity of execution of a will; incorporation by reference 112.260Reference in will to statement or list disposing of certain effects; admissibility; alteration 112.265Testamentary additions to trusts 112.270Procedure to establish contract to make will or devise or not to revoke will or devise 112.272In terrorem clauses valid and enforceable; exceptions 112.275Manner of revocation or alteration exclusive 112.285Express revocation or alteration; partial revocation not valid 112.295Revival of revoked or invalid will 112.305Revocation by marriage; exceptions 112.315Revocation by divorce or annulment 112.325[1969 c.591 §46; repealed by 2015 c.387 §1] 112.335[1969 c.591 §47; repealed by 2015 c.387 §1] 112.345Devise of life estate 112.355Devise passes all interest of testator 112.365Property acquired after making will 112.375[1969 c.591 §51; repealed by 1973 c.506 §46] 112.385Nonademption of specific devises in certain cases 112.390[2015 c.387 §28; repealed by 2016 c.42 §7] 112.395When estate passes to issue of devisee; anti-lapse; class gifts 112.400Effect of failure of devise 112.405Children born, adopted or conceived after execution of will; pretermitted children 112.410Effect of general disposition or residuary clause on testator’s power of appointment 112.415Persons not entitled to estate of testator 112.425[1969 c.591 §56; repealed by 1989 c.770 §11] 112.435[1969 c.591 §57; repealed by 2015 c.387 §1] 112.455Definitions for ORS 112.455 to 112.555 112.457Application to abuser 112.465Slayer or abuser considered to predecease decedent 112.475Jointly owned property 112.485[1969 c.591 §61; 2005 c.270 §4; repealed by 2015 c.387 §1] 112.495Reversions, vested remainders, contingent remainders and future interests 112.505Property appointed; powers of revocation or appointment 112.515Proceeds of insurance on life and other benefit plans of decedent 112.525Proceeds of insurance on life of slayer or abuser 112.535Payment by insurance company, financial institution, trustee or obligor; no liability 112.545Rights of persons without notice dealing with slayer or abuser 112.555Final judgment as conclusive; evidence of felonious and intentional killing 112.570Definitions for ORS 112.570 to 112.590 112.572Requirement of survival 112.575[Formerly 112.010; repealed by 1999 c.131 §11] 112.578Construction of survivorship provisions in governing instruments 112.580Co-owners with right of survivorship; requirement of survival 112.582Evidence of death or status 112.585[Formerly 112.020; repealed by 1999 c.131 §11] 112.586Exceptions 112.588Protection of payors and other third parties 112.590Protection of bona fide purchasers; personal liability of recipient 112.595[Formerly 112.030; repealed by 1999 c.131 §11] 112.605[1969 c.591 §72; repealed by 1999 c.131 §11] 112.615[Formerly 112.040; repealed by 1999 c.131 §11] 112.625[Formerly 112.060; repealed by 1999 c.131 §11] 112.635[Formerly 112.070; repealed by 1999 c.131 §11] 112.645[Formerly 112.080; repealed by 1999 c.131 §11] 112.650[1975 c.480 §9 (enacted in lieu of 112.675); repealed by 2001 c.245 §19] 112.652[1975 c.480 §2 (enacted in lieu of 112.675); 1981 c.55 §1; repealed by 2001 c.245 §19] 112.655[1975 c.480 §3 (enacted in lieu of 112.675); 1981 c.55 §2; repealed by 2001 c.245 §19] 112.657[1975 c.480 §4 (enacted in lieu of 112.675); 1981 c.55 §3; repealed by 2001 c.245 §19] 112.660[1975 c.480 §5 (enacted in lieu of 112.675); 1981 c.55 §4; repealed by 2001 c.245 §19] 112.662[1975 c.480 §6 (enacted in lieu of 112.675); repealed by 2001 c.245 §19] 112.665[1975 c.480 §7 (enacted in lieu of 112.675); 1981 c.55 §5; repealed by 2001 c.245 §19] 112.667[1975 c.480 §8 (enacted in lieu of 112.675); repealed by 2001 c.245 §19] 112.675[1969 c.591 §77; repealed by 1975 c.480 §1 (112.650 to 112.667 enacted in lieu of 112.675)] 112.685Dower and curtesy abolished 112.695[Formerly 113.090; repealed by 2015 c.387 §1] 112.705Short title 112.715Application to certain property 112.725Rebuttable presumptions 112.735One-half of property not subject to testamentary disposition or right to elect against will 112.745Proceedings to perfect title 112.755Who may institute proceedings 112.765Rights of purchaser 112.775Application and construction 112.800Definition for ORS 112.800 to 112.830 112.805Exclusive manner of disposing of wills; destroyed will not revoked 112.810Duties of custodian of will 112.815Conditions for disposal of will 112.820Procedure for destruction of will; affidavit 112.825Liability for destruction of will 112.830Court may order delivery of will

Chapter 112 — Intestate Succession and Wills

ORS 112.238 Exception to will execution formalities; petition; notice; written objections; hearing; fee

(1)

Although a writing was not executed in compliance with ORS 112.235, the writing may be treated as if it had been executed in compliance with ORS 112.235 if:

(a)

The writing was executed before the decedent’s death;

(b)(A)

The decedent signed the writing; or

(B)

At the direction of the decedent, another person signed the name of the decedent and the signer’s own name on the writing; and

(c)

The proponent of the writing establishes by clear and convincing evidence that the decedent intended the writing to constitute:

(A)

The decedent’s will;

(B)

A partial or complete revocation of the decedent’s will; or

(C)

An addition to or an alteration of the decedent’s will.

(2)

A writing described in subsection (1) of this section may be filed with the court for administration as the decedent’s will pursuant to ORS 113.035. The proponent of the writing shall give notice of the filing of the petition under ORS 113.035 to those persons identified in ORS 113.035 (5), (7), (8) and (9). Persons receiving notice under this subsection shall have 20 days after the notice was given to file written objections to the petition. The court may make a determination regarding the decedent’s intent after a hearing or on the basis of affidavits.

(3)

The proponent of a writing described in subsection (1) of this section may file a petition with the court to establish the decedent’s intent that the writing was to be a partial or complete revocation of the decedent’s will or an addition to or an alteration of the decedent’s will. The proponent shall give notice of the filing to any personal representative appointed by the court, the devisees named in any will admitted to probate and those persons identified in ORS 113.035 (5). Persons receiving notice under this subsection shall have 20 days after the notice was given to file written objections to the petition. The court may make a determination regarding the decedent’s intent after a hearing or on the basis of affidavits.

(4)(a)

If the court determines that clear and convincing evidence exists showing that a writing described in subsection (1) of this section was intended by the decedent to accomplish one of the purposes set forth in subsection (1) of this section, the court shall:

(A)

Prepare written findings of fact in support of the determination; and

(B)

Enter a limited judgment that admits the writing for probate as the decedent’s will or otherwise acknowledges the validity and intent of the writing.

(b)

A determination under this subsection does not preclude the filing of a will contest under ORS 113.075, except that the will may not be contested on the grounds that the will was not executed in compliance with ORS 112.235.

(5)

The fee imposed and collected by the court for the filing of a petition under this section shall be in accordance with ORS 21.135.

Note: See note under 112.235.

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Version history

2026-01-01

2025 Oregon Revised Statutes — official online source