Title 112 · ORS Chapter 112

if that information was required to be delivered or mailed to the

Citation: ORS 113.145

Section: 113.145

113.145 if that information was required to be delivered or mailed to the person on whose behalf the petition is filed; or

�� (b) If the person on whose behalf the petition is filed was not required to be named as an interested person in the petition for appointment of a personal representative:

�� (A) Four months after the date of publication of notice to interested persons; or

�� (B) If notice to interested persons was not published, one year after the decedent�s date of death.

�� (3) The petitioner has the burden of proving the facts alleged in a petition filed under this section by:

�� (a) If the petitioner is a child or sibling of the decedent, a preponderance of evidence; or

�� (b) If the petitioner is not a child or sibling of the decedent, clear and convincing evidence. [2005 c.741 �3; 2019 c.461 �5; 2023 c.18 �4]

�� 112.050 [Repealed by 1969 c.591 �305]

�� 112.055 Escheat. (1) If, after diligent search and inquiry that is appropriate to the circumstances, taking into account the value of the decedent�s estate, no person takes under ORS 112.025 to 112.045, the net intestate estate escheats to the State of Oregon.

�� (2) If a devisee or a person entitled to take under ORS 112.025 to 112.045 is not identified or found, the share of that person escheats to the State of Oregon, and the share must be delivered to the State Treasurer for deposit into the Unclaimed Property and Estates Fund and subject to claims under ORS 116.253.

�� (3) If a devisee or a person entitled to take under ORS 112.025 to 112.045 is not identified or found:

�� (a) The State Treasurer has the same preference as the missing devisee or person for the purpose of appointment as personal representative under ORS 113.085;

�� (b) Title to property of the decedent that would vest in the missing devisee or person under ORS 114.215 vests in the State Treasurer to hold for the benefit of the Unclaimed Property and Estates Fund and subject to claims under ORS 116.253; and

�� (c) The State Treasurer has all of the rights of the missing devisee or person for the purposes of ORS chapters 111, 112, 113, 114, 115, 116 and 117, including but not limited to the following:

�� (A) The right to any notice the missing devisee or person would have been entitled to receive;

�� (B) The right to contest any will of the decedent under ORS 113.075; and

�� (C) The right to information under ORS 113.145. [1969 c.591 �23; 2003 c.395 �2; 2015 c.387 �5; 2019 c.678 �31; 2021 c.424 �14; 2025 c.463 �3]

�� 112.058 Preferences and presumptions in escheat proceedings. (1) In any proceeding to determine the escheat share of the estate of a decedent whose estate is wholly or partially subject to probate in this state:

�� (a) No preference shall be given to any person over escheat; and

�� (b) After diligent search and inquiry appropriate to the circumstances, the following presumptions apply in a proceeding to determine whether a missing person has died:

�� (A) A missing person whose death cannot be proved by other means lives to 100 years of age.

�� (B) A missing person who was exposed to a specific peril at the time the person became missing has died if it is reasonable to expect from the nature of the peril that proof of death would be impractical.

�� (C) A missing person whose absence is unexplained has died if the character and habits of the person are inconsistent with a voluntary absence for the time that the person has been missing.

�� (D) A missing person known to have been alive who has not been seen or heard from for seven years has died if the person has been absent from the person�s usual residence, the absence is unexplained, there are other persons who would have been likely to have heard from the missing person during that period were the missing person alive, and those other persons have not heard from the missing person.

�� (2) In any proceeding described by subsection (1) of this section, a missing person who is presumed to be dead is also presumed to have had two children in addition to any known descendants of the person unless the presumption of death arises by reason of the application of subsection (1)(b)(B) or (C) of this section. [2003 c.395 �4; 2016 c.42 �5]

�� 112.060 [Amended by 1969 c.591 �74; renumbered 112.625]

�� 112.065 Passage by representation. �Representation� means the method of determining the passing of the net intestate estate when the distributees are of different generations in relation to the decedent. Representation is accomplished as follows:

�� (1) If a distributive share of a wholly or partially intestate estate passes by representation to a person�s descendants, the share is divided into as many equal shares as there are:

�� (a) Surviving descendants in the generation nearest to the person that contains one or more surviving descendants; and

�� (b) Deceased descendants, in the generation nearest to the person that contains one or more surviving descendants, who left surviving descendants, if any.

�� (2) Each share created for a surviving descendant in the nearest generation is distributed to that descendant. Each share created for a deceased descendant is distributed to the descendants of the deceased descendant by representation as described in this section. [1969 c.591 �24; 2015 c.387 �6; 2016 c.42 �6]

�� 112.070 [Amended by 1969 c.591 �75; renumbered 112.635]

�� 112.075 [1969 c.591 �25; repealed by 2015 c.387 �1]

�� 112.077 Time of determining relationships; application to different circumstances of conception. (1) For purposes of this section, an embryo that exists outside a person�s body is not considered to be conceived until the embryo is implanted into a person�s body.

�� (2) Except as provided in subsections (3) and (4) of this section, the relationships existing at the time of the death of a decedent govern the passing of the decedent�s estate.

�� (3) A person conceived before the death of the decedent and born alive thereafter inherits as though the person was a child of the decedent and alive at the time of the death of the decedent.

�� (4) Notwithstanding ORS 109.218 and 109.240, a child conceived from the genetic material of a decedent who died before the transfer of the decedent�s genetic material into a person�s body is not entitled to an interest in the decedent�s estate unless:

�� (a) The decedent, in a writing signed by the decedent and dated, specified that the decedent�s genetic material may be used for the posthumous conception of a child of the decedent;

�� (b) The person designated by the decedent to control use of the decedent�s genetic material gives written notice to the personal representative of the decedent�s estate, within four months of the date of the appointment of the personal representative, that the decedent�s genetic material is available for the purpose of posthumous conception; and

�� (c) The child conceived from the decedent�s genetic material is in utero within 24 months after the date of the decedent�s death. [2015 c.387 �27; 2025 c.592 �76]

�� 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]

�� 112.095 Persons of the half blood. Persons of the half blood inherit the same share that they would inherit if they were of the whole blood. [1969 c.591 �27]

�� 112.105 Succession where parents not married. (1) For all purposes of intestate succession, full effect shall be given to all relationships as described in ORS 109.060, except as otherwise provided by law in case of adoption.

�� (2) For all purposes of intestate succession and for those purposes only, before the relationship of parent and child and other relationships dependent upon the establishment of parentage shall be given effect under subsection (1) of this section:

�� (a) The parentage of the child shall have been established under ORS 109.065 during the lifetime of the child; or

�� (b) The parent must have acknowledged being the parent of the child in writing, signed by the parent during the lifetime of the child. [1969 c.591 �28; 2015 c.387 �7; 2017 c.651 �35; 2025 c.34 �1; 2025 c.592 �77]

�� 112.115 Persons related to decedent through two lines. A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share. [1969 c.591 �29]

ADVANCEMENTS

�� 112.135 When gift is an advancement; valuation of advancement. (1)(a) If a person dies intestate as to all or part of the estate of the person, property that the person gives during the lifetime of the person to an heir is treated as an advancement against the heir�s share of the estate if declared in writing by the decedent or acknowledged in writing by the heir to be an advancement.

�� (b) For purposes of applying the gift against the heir�s share of the intestate estate, the property advanced must be valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever occurs first, unless otherwise directed in the decedent�s writing.

�� (2)(a) Except as provided in ORS 112.385, property that a testator gives during the testator�s lifetime to a devisee is treated as an advancement of the devisee�s share in whole or in part if:

�� (A) The will provides for deduction of the gift;

�� (B) The testator declared in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise; or

�� (C) The devisee acknowledges in writing, before or after the testator�s death, that the gift was made in satisfaction of the devise or that its value was to be deducted from the value of the devise.

�� (b) For purposes of applying the gift against the devisee�s share of the testate estate, the property advanced must be valued as of the time the devisee came into possession or enjoyment of the property or as of the time of the testator�s death, whichever occurs first, unless otherwise directed in the testator�s will or a writing described in paragraph (a)(B) of this subsection.

�� (3)(a) Property not subject to probate administration, the transfer of which is intended by the decedent to take effect on death, is treated as an advancement against the heir�s share of the estate or the devisee�s devise under the will if declared in writing by the decedent, or acknowledged in writing by the heir or devisee, to be an advancement. Examples of transfers under this subsection include but are not limited to beneficiary designation, right of survivorship and transfer on death deed or transfer on death designation.

�� (b) The property transferred under this subsection must be valued as of the time of the decedent�s death, unless otherwise directed in the testator�s will or in a writing by the decedent. [1969 c.591 �30; 2016 c.42 �8]

�� 112.145 Effect of advancement on distribution. (1) If the value of an advancement exceeds the heir�s or devisee�s share of the estate, the heir or devisee shall be excluded from any further share of the estate, but the heir or devisee shall not be required to refund any part of the advancement. If the value of an advancement is less than the heir�s or devisee�s share, the heir or devisee shall be entitled upon distribution of the estate to such additional amount as will give the heir or devisee the heir�s or devisee�s share of the estate.

�� (2) The property advanced is not a part of the estate, but for the purpose of determining the shares of the heirs or devisees the advancement shall be added to the value of the estate, the sum then divided among the heirs or devisees according to the laws of intestate succession or the testator�s will and the advancement then deducted from the share of the heir or devisee to whom the advancement was made. [1969 c.591 �31; 2016 c.42 �9]

�� 112.155 Death of advancee before decedent. If the recipient of the property advanced fails to survive the decedent, the amount of the advancement shall be taken into account in computing the share of the descendants of the recipient, whether or not the descendants take by representation. [1969 c.591 �32; 2016 c.42 �10]

STATUS OF ADOPTED PERSONS

�� 112.175 Adopted persons. (1) An adopted person, the descendants and kindred of the adopted person shall take by intestate succession from the adoptive parents, their descendants and kindred, and the adoptive parents, their descendants and kindred shall take by intestate succession from the adopted person, the descendants and kindred of the adopted person, as though the adopted person were the biological child of the adoptive parents.

�� (2) An adopted person shall cease to be treated as the child of any person other than the adopted person�s adoptive parents for all purposes of intestate succession except in the following circumstances:

�� (a) If a person is adopted by a stepparent or a domestic partner of a parent in a domestic partnership registered under ORS 106.300 to 106.340 or under a similar law in another state, the adopted person shall continue also to be treated, for all purposes of intestate succession, as the child of the parent who is the spouse of, or other domestic partner in the domestic partnership with, the adoptive parent.

�� (b) If a parent of a person dies, and the other parent of the person marries or enters into a domestic partnership registered under ORS 106.300 to 106.340 or under a similar law in another state, and the person is adopted by a stepparent or the other domestic partner, the adopted person shall continue also to be treated, for all purposes of intestate succession, as the child of the deceased parent.

�� (3) ORS chapters 111, 112, 113, 114, 115, 116 and 117 apply to adopted persons who were adopted in this state or elsewhere. [1969 c.591 �33; 2015 c.387 �8; 2016 c.42 �11]

�� 112.185 Effect of more than one adoption. For all purposes of intestate succession, a person who has been adopted more than once shall be treated as the child of the parents who have most recently adopted the person and, except as otherwise provided in this section, shall cease to be treated as the child of the previous adoptive parents. The person shall continue also to be treated as the child of a previous parent or previous adoptive parent other than the most recent adoptive parents only to the extent provided in ORS 112.175 (2), and for the purpose of applying that subsection with reference to a previous adoptive parent, �parent� in that subsection means the previous adoptive parent. [1969 c.591 �34; 2015 c.387 �9]

�� 112.195 References in wills, deeds and other instruments to accord with law of intestate succession. Unless a contrary intent is established by the instrument, all references in a will, deed, trust instrument or other instrument to an individual or member of a class described generically in relation to a particular person as children, issue, grandchildren, descendants, heirs, heirs of the body, next of kin, distributees, grandparents, brothers, nephews or other relatives shall include any person who would be treated as so related for all purposes of intestate succession, except that an adopted person so included must have been adopted as a minor or after having been a member of the household of the adoptive parent while a minor. [1969 c.591 �35]

WILLS

�� 112.225 Who may make a will. Any person who is 18 years of age or older or who has been lawfully married or who has been emancipated in accordance with ORS 419B.550 to 419B.558, and who is of sound mind, may make a will. [1969 c.591 �36; 2015 c.387 �10]

�� 112.227 Intention of testator expressed in will as controlling. The intention of a testator as expressed in the will of the testator controls the legal effect of the dispositions of the testator. The rules of construction expressed in this section, ORS 112.230 and 112.410 apply unless a contrary intention is indicated by the will. [1973 c.506 �10]

�� 112.230 Local law of state selected by testator controlling unless against public policy. The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in the instrument of the testator unless the application of that law is contrary to the public policy of this state. [1973 c.506 �11]

�� 112.232 Uniform International Wills Act. (1) As used in this section:

�� (a) �International will� means a will executed in conformity with subsections (2) to (5) of this section.

�� (b) �Authorized person� and �person authorized to act in connection with international wills� means a person who by subsection (9) of this section, or by the laws of the United States including members of the diplomatic and consular service of the United States designated by foreign service regulations, is empowered to supervise the execution of international wills.

�� (2)(a) A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the requirements of this section.

�� (b) The invalidity of the will as an international will does not affect its formal validity as a will of another kind.

�� (c) This section does not apply to the form of testamentary dispositions made by two or more persons in one instrument.

�� (3)(a) The will must be made in writing. It need not be written by the testator. It may be written in any language, by hand or by any other means.

�� (b) The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is the will of the testator and that the testator knows the contents thereof. The testator need not inform the witnesses, or the authorized person, of the contents of the will.

�� (c) In the presence of the witnesses, and of the authorized person, the testator shall sign the will or, if the testator has previously signed it, shall acknowledge the signature.

�� (d) If the testator is unable to sign, the absence of that signature does not affect the validity of the international will if the testator indicates the reason for inability to sign and the authorized person makes note thereof on the will. In that case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator�s name for the testator if the authorized person makes note of this on the will, but it is not required that any person sign the testator�s name for the testator.

�� (e) The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.

�� (4)(a) The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if the testator is unable to sign, by the person signing on behalf of the testator or, if there is no such person, by the authorized person. In addition, each sheet must be numbered.

�� (b) The date of the will must be the date of its signature by the authorized person. That date must be noted at the end of the will by the authorized person.

�� (c) The authorized person shall ask the testator whether the testator wishes to make a declaration concerning the safekeeping of the will. If so and at the express request of the testator, the place where the testator intends to have the will kept must be mentioned in the certificate provided for in subsection (5) of this section.

�� (d) A will executed in compliance with subsection (3) of this section is not invalid merely because it does not comply with this subsection.

�� (5) The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this section for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form:

______________________________________________________________________________

CERTIFICATE

(Convention of October 26, 1973)

�� 1.�� I, _________ (name, address and

�� capacity), a person authorized to act

�� in connection with international wills,

2.�� certify that on _________ (date)

�� at _________ (place)

3.�� (testator) _________ (name, address,

�� date and place of birth) in my presence

�� and that of the witnesses

4.�� (a) _________ (name, address, date

�� and place of birth)

�� (b) _________ (name, address, date

�� and place of birth) has declared that

�� the attached document is the will of

�� the testator and that the testator

�� knows the contents thereof.

5.�� I furthermore certify that:

6.�� (a)� in my presence and in that of the

�� witnesses

�� (1)�� the testator has signed

�� the will or has acknowledged

�� the testator�s signature

�� previously affixed.

�� *(2)�� following a declaration

�� of the testator stating that

�� the testator was unable to

�� sign the will for the following

�� reason ____________,

�� I have mentioned this declar-

�� ation on the will, *and the

�� signature has been affixed by

�� _________ (name and address)

7.�� (b)� the witnesses and I have signed

�� the will;

8.�� *(c) each page of the will has been

�� signed by ________

�� and numbered;

9.�� (d) I have satisfied myself as to

�� the identity of the testator and

�� of the witnesses as designated above;

�� 10. (e) the witnesses met the conditions

�� requisite to act as such according

�� to the law under which I am acting;

�� 11. *(f) the testator has requested me

�� to include the following statement

�� concerning the safekeeping of

�� the will: _______________

�� 12. PLACE OF EXECUTION

�� 13. DATE

�� 14. SIGNATURE and, if necessary, SEAL

�*to be completed if appropriate

______________________________________________________________________________

�� (6) In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this section. The absence or irregularity of a certificate does not affect the formal validity of a will under this section.

�� (7) An international will is subject to the ordinary rules of revocation of wills.

�� (8) Subsections (1) to (7) of this section derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this section, regard shall be had to its international origin and to the need for uniformity in its interpretation.

�� (9) Individuals who have been admitted to practice law before the courts of this state and are currently licensed so to do are authorized persons in relation to international wills.

�� (10) This section may be referred to and cited as the Uniform International Wills Act. [1981 c.481 �2; 1993 c.98 �2]

�� 112.235 Execution of a will. (1) Except as provided in ORS 112.238, a will shall be in writing and shall be executed in accordance with the following formalities:

�� (a) The testator, in the presence of each of the witnesses, shall:

�� (A) Sign the will;

�� (B) Direct one of the witnesses or some other person to sign the name of the testator and the signer�s own name on the will; or

�� (C) Acknowledge the signature previously made on the will by the testator or at the testator�s direction.

�� (b) At least two witnesses shall each:

�� (A)(i) See the testator sign the will;

�� (ii) Hear the testator acknowledge the signature on the will; or

�� (iii) Hear or observe the testator direct some other person to sign the name of the testator; and

�� (B) Attest the will by signing the witness� name to the will within a reasonable time before the testator�s death.

�� (2) The signature by a witness on an affidavit executed contemporaneously with execution of a will is considered a signature by the witness on the will in compliance with subsection (1)(b)(A)(iii) of this section if necessary to prove the will was duly executed in compliance with this section.

�� (3) A will executed in compliance with the Uniform International Wills Act shall be deemed to have complied with the formalities of this section.

�� (4) As used in this section and ORS 112.238, �writing� does not include an electronic record, document or image. [1969 c.591 �37; 1973 c.506 �7; 1981 c.481 �4; 2015 c.387 �11; 2025 c.34 �3]

�� Note: Section 6 (2), chapter 34, Oregon Laws 2025, provides:

�� Sec. 6. (2) Notwithstanding section 36, chapter 387, Oregon Laws 2015, the amendments to ORS 112.235 and 112.238 by sections 3 and 4 of this 2025 Act apply to a writing executed before, on or after the effective date of this 2025 Act [January 1, 2026], if the writing was executed by or at the direction of a decedent dying on or after the effective date of this 2025 Act. [2025 c.34 �6(2)]

�� 112.237 [1981 c.481 �3; repealed by 1993 c.98 �26]

�� 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