Detailed Answer

Under Oregon law, whether an estranged spouse can make a claim against a deceased person’s estate depends primarily on the legal marital status at the moment of death and on what legal documents (a will, beneficiary designations, or no estate plan) the decedent left behind.

1) Marital status at death matters

If the couple was still legally married when one person died — i.e., the divorce had been filed but was not final — Oregon treats that person as a surviving spouse for most inheritance and probate purposes. Simply living apart or being “separated” does not end the legal status of marriage. That means many spousal rights still apply.

2) If the decedent died without a valid will (intestate)

If there is no valid will, Oregon’s intestate succession rules determine who inherits. A surviving spouse typically inherits all or a large share of the estate, depending on whether there are surviving children or other relatives. The intestacy rules are found in Oregon’s statutes on descent and distribution; see the Oregon Revised Statutes chapter on descent and distribution for details: ORS Chapter 112 — Descent and distribution.

3) If there is a will

Wills usually control who gets property. Many states have rules that a final divorce revokes gifts to an ex-spouse in a will; however, that revocation effect generally requires the divorce to be final. In Oregon, if the decedent died while still legally married, the spouse named in a will typically remains a beneficiary unless the will explicitly states otherwise or another statute applies. Separation or a pending divorce does not automatically strip the spouse of beneficiary status under a will.

4) Elective share, family allowance, and creditor/estate claims

Even when a will disinherits a spouse, most states provide a surviving spouse with statutory protections such as a family allowance, homestead allowance, or an elective (statutory) share of the estate. Those protections usually attach to a person who is legally a spouse at the time of death. Executors and personal representatives must follow Oregon probate procedures and give notice to potential heirs and creditors; relevant probate rules are found in the Oregon statutes and court rules for probate administration. See general probate resources from the Oregon Judicial Department: Oregon Judicial Department.

5) Practical consequences for different fact patterns

• Divorce not filed or no final decree: The surviving spouse retains full spousal rights (intestacy, will beneficiaries, elective share).
• Divorce filed but not final at death: Generally the same as above — the spouses remain legally married until a final decree, so the surviving spouse can still claim rights under estate law.
• Divorce final before death: A former spouse typically loses the rights a surviving spouse would have. If the decedent wanted to prevent the former spouse from inheriting, the divorce decree and any beneficiary updates should reflect that intent.
• Beneficiary designations (life insurance, retirement accounts): These pass outside the will in many cases. If the spouse is still the named beneficiary at death, those designations usually control unless the beneficiary designation is successfully challenged.

6) How disputes commonly arise

Disputes occur when a decedent intended to disinherit a separated spouse but did not update a will or beneficiary forms before death, or when the parties relied on an oral agreement. Contests may involve claims that a will was revoked, that a beneficiary designation was changed under undue influence, or that a pending divorce file created special circumstances. Courts focus on the legal documents and the decedent’s marital status at death.

Practical steps for executors, heirs, and estranged spouses

1. Confirm marital status at the moment of death — obtain a death certificate and the marriage certificate or court docket showing any divorce decree (final or pending).
2. Locate estate planning documents: will, trusts, beneficiary designations (life insurance, retirement accounts), and any separation or settlement agreements.
3. If you are the personal representative/executor, file the will (if any) and open probate with the appropriate Oregon circuit court. Probate procedures and forms are available through the Oregon Judicial Department.
4. If you are an estranged spouse who believes you should receive support or an elective share, consult a probate attorney quickly. There are strict deadlines in probate for making claims.
5. If you are an heir who believes a separated spouse should not inherit, gather proof of intent (e.g., finalized separation agreements, evidence that the decedent changed beneficiaries, or evidence of fraud/undue influence) and consult a probate attorney before responding to petitions or disbursing assets.

Helpful Hints

• Separation alone does not end legal marriage — a final divorce decree does.
• Beneficiary designations (IRAs, 401(k)s, life insurance) often pass outside probate; keep those updated.
• If a will disinherits a spouse but the divorce is not final, the spouse may still claim statutory protections.
• Act promptly — probate deadlines can bar late claims by heirs or spouses.
• Avoid informal promises about inheritance; only a valid will, trust, or beneficiary designation typically controls.
• When unsure, get a consultation with a probate attorney experienced in Oregon law to preserve rights and meet deadlines.