ORS 114.605 Amount of elective share

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.

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:

__________________________________________ 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 __________________________________________