Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
Understanding Intestate Shares in Oregon
When someone dies without a will (intestate) in Oregon, their property distributes to heirs according to ORS 114.025. A surviving spouse typically receives one-third of the net intestate estate if there are descendants. If there are no descendants, the spouse may receive the entire estate.
Electing a Life Estate Under ORS 114.035
Oregon law lets a surviving spouse elect to take a life estate in the decedent’s principal residence and certain personal property instead of the intestate share. Under ORS 114.035, you may choose a life estate in:
- The home where the decedent was domiciled at death (including up to one acre of surrounding land).
- Household furniture and personal effects up to the statutory limit (currently $100,000 in value).
This election can suit a spouse who values continued occupancy or the use of household items more than a cash payout.
Procedure and Deadlines
To make this election, you must file a written statement with the probate court and serve it on the personal representative. You have six months from the date the personal representative is appointed to file (ORS 114.035). Missing this deadline may forfeit your right to the life estate option.
Once filed, the personal representative appraises the selected property and confirms your life estate interest. The life estate ends upon your death, at which point the property passes to the remaining heirs under intestate succession.
Helpful Hints
- Obtain a professional appraisal of the residence and personal property.
- File your election within six months after personal representative appointment.
- Compare the cash value of your intestate share to the benefit of a life estate.
- Consider tax and maintenance responsibilities for the life estate property.
- Seek legal guidance if the estate holds complex assets or debts.