reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.241 - Hearing.

(1) The court may require that a hearing be held on any petition or motion in a probate proceeding.
(2) A hearing must be held on a petition or a motion in a probate proceeding if an objection to the petition or motion is filed and the objection is not withdrawn before the hearing. [2021 c.282 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.245 - Proof of documents; certification.

(1) Proof of documents pursuant to ORS chapter 111, 112, 113, 114, 115, 116 or 117 may be made as follows:
(a) Of a will, by a certified copy of the will.
(b) That a will has been probated or established in a foreign jurisdiction, by a certified copy of the document entered in the foreign jurisdiction admitting the will to probate or recognizing the validity of the will.
(c) Of letters testamentary or letters of administration, by a certified copy of the letters. The certification may include a statement that the letters have not been revoked.
(2) A document filed or entered in a foreign jurisdiction may be proved by a copy of the document, certified by a clerk of the court in which the document was filed or entered or by any other official having legal custody of the original document. [1969 c.591 §16; 2017 c.169 §46; 2021 c.282 §13]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.255 - Translation of documents.

If all or part of a document is not in the English language, a translation certified by the translator to be accurate may be attached to the document. If no objection is made to the certified translation, any person who relies in good faith on the accuracy of the translation may not be prejudiced because of its inaccuracy. [1969 c.591 §17; 2017 c.169 §47; 2021 c.282 §14]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.275 - Limited judgments.

(1) The court in a probate proceeding may enter a limited judgment only for the following decisions of the court:
(a) A decision on a petition for appointment or removal of a personal representative, including a successor personal representative.
(b) A decision in a will contest filed in the probate proceeding.
(c) A decision to require delivery of possession of property of the decedent, including records, accounts or documents relating to the property.
(d) A decision to determine ownership of title for real or personal property.
(e) A decision on a petition or motion for support or elective share.
(f) A decision on an objection to a final accounting.
(g) A decision on a request made in the proceeding for a declaratory judgment under ORS 111.095.
(h) A decision on a request for an award of expenses under ORS 116.183.
(i) A decision on surcharge of a fiduciary or a surety.
(j) Such decisions of the court as may be specified by rules or orders of the Chief Justice of the Supreme Court under ORS 18.028.
(k) Any other decision that is a final determination of the rights of one or more persons.
(2) A court may enter a limited judgment under this section only if the court determines that there is no just reason for delay. The judgment document need not reflect the court’s determination that there is no just reason for delay. [2005 c.568 §33; 2009 c.50 §1; 2016 c.42 §18; 2021 c.282 §15]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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 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]
Note:
Section 11, chapter 18, Oregon Laws 2023, provides:
Sec. 11.
The amendments to statutes by sections 1 to 10 of this 2023 Act apply to probate proceedings commenced on or after the effective date of this 2023 Act [January 1, 2024]. [2023 c.18 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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 contest any will of the decedent under ORS 113.075; and
(B) 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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) 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’s will or trust provided for posthumously conceived children; and
(b) The following conditions are satisfied:
(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, and 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
(B) The child using the decedent’s genetic material is in utero within two years after the date of the decedent’s death. [2015 c.387 §27]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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; and
(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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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, "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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 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 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 113.035 (5). 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.
(4)(a) If the court determines that clear and convincing evidence exists showing that a writing described in subsection (1) of this section was intended by the decedent to accomplish one of the purposes set forth in subsection (1) of this section, the court shall:
(A) Prepare written findings of fact in support of the determination; and
(B) Enter a limited judgment that admits the writing for probate as the decedent’s will or otherwise acknowledges the validity and intent of the writing.
(b) A determination under this subsection does not preclude the filing of a will contest under ORS 113.075, except that the will may not be contested on the grounds that the will was not executed in compliance with ORS 112.235.
(5) The fee imposed and collected by the court for the filing of a petition under this section shall be in accordance with ORS 21.135. [2015 c.387 §29; 2016 c.42 §17; 2019 c.165 §32; 2021 c.390 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.245 - Witness as beneficiary.

A will attested by an interested witness is not thereby invalidated. An interested witness is one to whom is devised a personal and beneficial interest in the estate. [1969 c.591 §38; 1973 c.506 §8]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.255 - Validity of execution of a will; incorporation by reference.

(1) A will is lawfully executed if it is in writing, signed by or at the direction of the testator and otherwise executed in accordance with the law of:
(a) This state at the time of execution or at the time of death of the testator;
(b) The domicile of the testator at the time of execution or at the time of the testator’s death; or
(c) The place of execution at the time of execution.
(2) A will is lawfully executed if it complies with the Uniform International Wills Act.
(3) A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
(4) A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether the events occur before or after the execution of the will or before or after the testator’s death. The execution or revocation of another individual’s will is such an event. [1969 c.591 §39; 1981 c.481 §5; 2015 c.27 §11; 2015 c.387 §12]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.260 - Reference in will to statement or list disposing of certain effects; admissibility; alteration.

(1) Except as otherwise provided in a valid will, a will may refer to a writing that contains a statement or list disposing of household items, furniture, furnishings and personal effects. Money, property used in trade or business and items evidenced by documents or certificates of title may not be disposed of under this section.
(2) To be admissible under this section as evidence of the intended disposition, the writing must:
(a) Be referred to in the testator’s will;
(b) Be signed by the testator; and
(c) Describe the household items, furniture, furnishings, personal effects and the devisees with reasonable certainty.
(3) A writing under this section may be referred to as a writing that is or will be in existence at the time of the testator’s death and may be prepared before or after the execution of the testator’s will.
(4) A writing under this section may be altered by the testator one or more times after the initial creation of the writing and may be a writing that has no significance apart from the writing’s effect on the dispositions made by the will.
(5) As used in this section, "writing" includes an electronic record, document or image. [2015 c.387 §30]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.265 - Testamentary additions to trusts.

(1) A devise may be made by a will to the trustee or trustees of a trust, regardless of the existence, size or character of the corpus of the trust, if:
(a) The trust is established or will be established by the testator, or by the testator and some other person or persons, or by some other person or persons;
(b) The trust is identified in the testator’s will; and
(c) The terms of the trust are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator’s will, or in the valid last will of a person who has predeceased the testator.
(2) The trust may be funded during the testator’s lifetime or upon the testator’s death by the testator’s devise to the trustee or trustees. The trust may be a funded or unfunded life insurance trust, although the trustor has reserved any or all of the rights of ownership of the insurance contracts.
(3) The devise shall not be invalid because the trust:
(a) Is amendable or revocable, or both; or
(b) Was amended after the execution of the testator’s will or after the death of the testator.
(4) Unless the testator’s will provides otherwise, the property so devised:
(a) Shall not be considered to be held under a testamentary trust of the testator, but shall become a part of the trust to which it is given; and
(b) Shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator, regardless of whether made before or after the execution of the testator’s will.
(5) Unless the testator’s will provides otherwise, a revocation or termination of the trust before the death of the testator shall cause the devise to lapse.
(6) This section shall not be construed as providing an exclusive method for making devises to the trustee or trustees of a trust established otherwise than by the will of the testator making the devise.
(7) This section shall be so construed as to effectuate its general purpose to make uniform the law of those states that enact the same or similar provisions. [1969 c.591 §40; 1999 c.132 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.270 - Procedure to establish contract to make will or devise or not to revoke will or devise.

(1) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, executed after January 1, 1974, shall be established only by:
(a) Provisions of a will stating material provisions of the contract;
(b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
(c) A writing signed by the decedent evidencing the contract.
(2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. [1973 c.506 §13]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.272 - In terrorem clauses valid and enforceable; exceptions.

(1) Except as provided in this section, an in terrorem clause in a will is valid and enforceable. If a devisee contests a will that contains an in terrorem clause that applies to the devisee, the court shall enforce the clause against the devisee even though the devisee establishes that there was probable cause for the contest.
(2) The court shall not enforce an in terrorem clause:
(a) If the devisee contesting the will establishes that:
(A) The devisee has probable cause to believe that the will is a forgery;
(B) The will has been revoked; or
(C) The will is invalid in whole or in part.
(b) If the devisee is only making objections to the acts of the personal representative in the administration of the decedent’s estate.
(3) The court shall not enforce an in terrorem clause if the contest is brought by a fiduciary acting on behalf of a protected person under the provisions of ORS chapter 125, a guardian ad litem appointed for a minor, or a guardian ad litem appointed for an incapacitated or financially incapable person.
(4) For the purposes of this section, "in terrorem clause" means a provision in a will that reduces or eliminates a devise to a devisee if the devisee contests the will in whole or in part.
(5) This section is not intended as a complete codification of the law governing enforcement of an in terrorem clause. The common law governs enforcement of an in terrorem clause to the extent the common law is not inconsistent with the provisions of this section. [1997 c.151 §2; 2015 c.387 §13]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.275 - Manner of revocation or alteration exclusive.

A will may be revoked or altered only as provided in ORS 112.238, 112.260 or 112.285 to 112.315. [1969 c.591 §41; 2015 c.387 §14]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.285 - Express revocation or alteration; partial revocation not valid.

(1) A will may be revoked or altered by another will.
(2) A will may be revoked by one or more physical acts by being burned, torn, canceled, obliterated or destroyed, with the intent and purpose of the testator of revoking the will, by the testator, or by another person at the direction of the testator and in the presence of the testator. The injury or destruction of the will by a person other than the testator at the direction and in the presence of the testator shall be proved by at least two witnesses.
(3) A partial revocation of a provision in a will by one or more physical acts as described in subsection (2) of this section is not a valid revocation. One or more physical acts that affect one or more provisions of a will but not the entirety of the will are not effective to revoke those provisions, but clear and convincing evidence may show that the testator intended by the physical act or acts to revoke the entirety of the will. [1969 c.591 §42; 2015 c.387 §15]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.295 - Revival of revoked or invalid will.

If a will or a part thereof has been revoked or is invalid, it can be revived only by a re-execution of the will or by the execution of another will in which the revoked or invalid will or part thereof is incorporated by reference. [1969 c.591 §43]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.305 - Revocation by marriage; exceptions.

A will is revoked by the subsequent marriage of the testator if the testator is survived by a spouse, unless:
(1) The will evidences an intent that it not be revoked by the subsequent marriage or was drafted under circumstances establishing that it was in contemplation of the marriage;
(2) The testator and spouse entered into a written contract before the marriage that either makes provision for the spouse or provides that the spouse is to have no rights in the estate of the testator; or
(3) The testator executed the will after entering into a registered domestic partnership under ORS 106.300 to 106.340 or a similar law in another state and the testator subsequently marries the domestic partner. [1969 c.591 §44; 2015 c.387 §16]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.315 - Revocation by divorce or annulment.

Unless a will evidences a different intent of the testator, the divorce or annulment of the marriage of the testator after the execution of the will revokes all provisions in the will in favor of the former spouse of the testator and any provision in the will naming the former spouse as personal representative, and the effect of the will is the same as though the former spouse did not survive the testator. [1969 c.591 §45; 2017 c.169 §48]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.345 - Devise of life estate.

A devise of property to any person for the term of the life of the person, and after the death of the person to the heirs of the person, vests an estate or interest for life only in the devisee and remainder in the heirs. [1969 c.591 §48; 2015 c.387 §17]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.355 - Devise passes all interest of testator.

A devise of property passes all of the interest of the testator in the property at the time of the death of the testator, unless the will evidences the intent of the testator to devise a lesser interest. [1969 c.591 §49; 2015 c.387 §18]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.365 - Property acquired after making will.

Any property acquired by the testator after the making of a will passes pursuant to the will as if title to the property were vested in the testator at the time of making the will, unless the intent expressed in the will is clear and explicit to the contrary. [1969 c.591 §50; 2015 c.387 §19]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.395 - When estate passes to issue of devisee; anti-lapse; class gifts.

When property is devised to any person who is related by blood or adoption to the testator and who dies before the testator leaving lineal descendants, the descendants take by representation the property the devisee would have taken if the devisee had survived the testator, unless otherwise provided in the will of the testator. Unless otherwise provided in the will of the testator, one who would have been a devisee under a class gift if the person had survived the testator is treated as a devisee for purposes of this section if death occurred after execution of the will. [1969 c.591 §53; 1973 c.506 §15]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.400 - Effect of failure of devise.

Except as provided in ORS 112.395:
(1) If a devise other than a residuary devise fails for any reason, it becomes a part of the residue.
(2) If the residue is devised to two or more persons and the share of one of the residuary devisees fails for any reason, the share passes to the other residuary devisee or to other residuary devisees in proportion to their interests in the residue. [1973 c.506 §17]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.405 - Children born, adopted or conceived after execution of will; pretermitted children.

(1) As used in this section, "pretermitted child" means a child of a testator who is born, adopted, or conceived as described in ORS 112.077 (3) or (4), after the execution of the will of the testator, who is neither provided for in the will nor in any way mentioned in the will and who survives the testator.
(2) If a testator has one or more children living when the testator executes a will and no provision is made in the will for one or more of the living children, a pretermitted child shall not take a share of the estate of the testator disposed of by the will.
(3) If a testator has one or more children living when the testator executes a will and provision is made in the will for one or more of the living children, a pretermitted child is entitled to share in the estate of the testator disposed of by the will as follows:
(a) The pretermitted child may share only in the portion of the estate devised to the living children by the will.
(b) The share of each pretermitted child shall be the total value of the portion of the estate devised to the living children by the will divided by the number of pretermitted children plus the number of living children for whom provision, other than nominal provision, is made in the will.
(c) To the extent feasible, the interest of a pretermitted child in the estate is of the same character, whether equitable or legal, as the interest the testator gave to the living children by the will.
(4) If a testator has no child living when the testator executes a will, a pretermitted child shall take a share of the estate as though the testator had died intestate, unless the will devised all or substantially all of the estate to the other parent of the pretermitted child and that other parent survives the testator and is entitled to take under the will.
(5) A pretermitted child may recover the share of the estate to which the child is entitled, as provided in this section, either from the other children under subsection (3) of this section or from the testamentary beneficiaries under subsection (4) of this section, ratably, out of the portions of the estate passing to those persons under the will. In abating the interests of those beneficiaries, the character of the testamentary plan adopted by the testator must be preserved so far as possible. [1969 c.591 §54; 2015 c.387 §21]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.410 - Effect of general disposition or residuary clause on testator’s power of appointment.

A general residuary clause in a will or a will making general disposition of all of the testator’s property does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intention to include the property subject to the power. [1973 c.506 §12]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 112 - Intestate Succession and Wills › Section 112.415 - Persons not entitled to estate of testator.

Except as otherwise expressly provided by law, a person, including a child of the testator and a descendant of that child, shall not take or be entitled to take any portion of the estate of a testator disposed of by the will of the testator other than as provided in the will. [1969 c.591 §55]