ORS 114.635 Exclusions from augmented estate

The augmented estate does not include:

Any value attributable to future enhanced earning capacity of either spouse;

Any property that is irrevocably transferred before the death of the decedent spouse;

Any property that is transferred on or after the date of the death of the decedent spouse with the written joinder or written consent of the surviving spouse;

Any property that is community property under ORS 112.705 to 112.775 or under the laws of the jurisdiction where the property is located; or

Any property that is held by either spouse solely in a fiduciary capacity.

(Decedent’s Probate Estate)