[Amended by 1969 c.591 �69;

112.010 [Amended by 1969 c.591 �69; renumbered 112.575]

INTESTATE SUCCESSION

����� 112.015 Net intestate estate; effect of exclusion by will. (1) Any part of the net estate of a decedent not effectively disposed of by the will of the decedent shall pass as provided in ORS 112.025 to 112.055.

����� (2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent�s intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed that individual�s or member�s intestate share. [1969 c.591 �19; 2015 c.387 �2]

����� 112.017 [1993 c.598 �4; 1995 c.235 �1; repealed by 1999 c.133 �1]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]

����� 112.025 Share of surviving spouse if decedent leaves descendants. 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. [1969 c.591 �20; 1987 c.329 �1; 2016 c.42 �2]

����� 112.030 [Amended by 1969 c.591 �71; renumbered 112.595]

����� 112.035 Share of surviving spouse if decedent leaves no descendant. If the decedent leaves a surviving spouse and no descendant, the intestate share of the surviving spouse is the entire net intestate estate. [1969 c.591 �21; 2016 c.42 �3]

����� 112.040 [Amended by 1969 c.591 �73; renumbered 112.615]

����� 112.045 Share of others than surviving spouse. The part of the net intestate estate not passing to the surviving spouse shall pass:

����� (1) To the descendants of the decedent by representation as described in ORS 112.065.

����� (2) If there is no surviving descendant, to the surviving parents of the decedent.

����� (3) If there is no surviving descendant or parent, equally to the brothers and sisters of the decedent and by representation as described in ORS 112.065 to the descendants of any deceased brother or sister of the decedent. If there is no surviving brother or sister, the descendants of brothers and sisters take equally if they are all of the same generation in relation to the decedent, but if of different generations, then those of later generations take by representation as described in ORS 112.065.

����� (4)(a) If there is no surviving descendant, parent or descendant of a parent, equally to the grandparents of the decedent and by representation as described in ORS 112.065 to the descendants of any deceased grandparent of the decedent who left descendants surviving at the time of the decedent�s death. If one or more grandparents of the decedent do not survive the decedent, the descendants of each of the deceased grandparents take equally if they are all of the same generation in relation to the decedent, but if of different generations, then those of later generations take by representation as described in ORS 112.065.

����� (b) If there is no surviving grandparent, the descendants of grandparents take equally if they are all of the same generation in relation to the decedent, but if of different generations, then those of later generations take by representation as described in ORS 112.065.

����� (5) If, at the time of taking, surviving parents or grandparents of the decedent are married to each other, they shall take real property as tenants by the entirety and personal property as joint owners with the right of survivorship. [1969 c.591 �22; 2015 c.387 �3; 2016 c.42 ��4,4a]

����� 112.047 Forfeiture of parent�s share by reason of termination of parental rights or desertion or neglect. (1) Property that would pass by intestate succession under ORS 112.045 from the estate of a decedent to a parent of the decedent shall pass and be vested as if the parent had predeceased the decedent if:

����� (a) The parental rights of the parent with respect to the decedent were terminated and the parent-child relationship between the parent and the decedent was not judicially reestablished.

����� (b) The person who would be benefited by the forfeiture is a child or sibling of the decedent, the decedent was an adult when the decedent died and:

����� (A) The parent of the decedent willfully deserted the decedent for the one-year period immediately preceding the date on which the decedent became an adult; or

����� (B) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the one-year period immediately preceding the date on which the decedent became an adult.

����� (c) The person who would be benefited by the forfeiture is not a child or sibling of the decedent, the decedent was an adult when the decedent died and:

����� (A) The parent of the decedent willfully deserted the decedent for the three-year period immediately preceding the date on which the decedent became an adult; or

����� (B) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the three-year period immediately preceding the date on which the decedent became an adult.

����� (d) The person who would be benefited by the forfeiture is a child or sibling of the decedent, the decedent was a minor when the decedent died and:

����� (A) The parent of the decedent willfully deserted the decedent for the life of the decedent or for the one-year period immediately preceding the date on which the decedent died; or

����� (B) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the life of the decedent or for the one-year period immediately preceding the date on which the decedent died.

����� (e) The person who would be benefited by the forfeiture is not a child or sibling of the decedent, the decedent was a minor when the decedent died and:

����� (A) The parent of the decedent willfully deserted the decedent for the life of the decedent or for the three-year period immediately preceding the date on which the decedent died; or

����� (B) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the life of the decedent or for the three-year period immediately preceding the date on which the decedent died.

����� (2) For the purposes of subsection (1) of this section, the court may disregard incidental visitations, communications and contributions in determining whether a parent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent.

����� (3) For the purposes of subsection (1) of this section, in determining whether the parent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent, the court may consider whether a custodial parent or other custodian attempted, without good cause, to prevent or to impede contact between the decedent and the parent whose intestate share would be forfeited under this section.

����� (4) The intestate share of a parent of a decedent may be forfeited under this section only pursuant to an order of the court entered after the filing of a petition under ORS 112.049. A petition filed under ORS 113.035 may not request the forfeiture of the intestate share of a parent of a decedent under this section. [2005 c.741 �2; 2015 c.387 �4; 2019 c.461 �4]

����� 112.049 Petition for forfeiture of parent�s share. (1) A petition may be filed in probate proceedings to assert that the intestate share of a parent of a decedent is subject to forfeiture under ORS 112.047. A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent�s share.

����� (2) A petition under this section must be filed not later than:

����� (a) Four months after the date of delivery or mailing of the information described in ORS