114.545 Dutiesof person filing affidavit; payment of claims; conveyance of real property;liability of person to whom property transferred or payment made
114.550 Summaryreview of administration of estate; hearing
114.555 Effectof failure to appoint personal representative
114.560 Exclusiveremedy
ELECTIVESHARE FOR DECEDENTS WHO DIE ON OR AFTER JANUARY 1, 2011
(Generally)
114.600 Electiveshare generally
114.605 Amountof elective share
114.610 Mannerof making election
114.615 Paymentof elective share
114.620 Waiverof right to elect and other rights
114.625 Whomay exercise right of election
(AugmentedEstate)
114.630 Augmentedestate
114.635 Exclusionsfrom augmented estate
(Decedent’sProbate Estate)
114.650 Decedent’sprobate estate
(Decedent’sNonprobate Estate)
114.660 Decedent’snonprobate estate
114.665 Decedent’snonprobate estate; property owned immediately before death
(SurvivingSpouse’s Estate)
114.675 Survivingspouse’s estate
(Decedent’sProbate Transfers to Spouse)
114.685 Decedent’sprobate transfers to surviving spouse
(Decedent’sNonprobate Transfers to Spouse)
114.690 Decedent’snonprobate transfers to surviving spouse
(Paymentof Elective Share)
114.700 Priorityof sources from which elective share payable
114.705 Liabilityof recipients of decedent’s nonprobate estate
114.710 Protectiveorder
(Procedure)
114.720 Proceedingsto claim elective share
114.725 Effectof separation
SUPPORTOF SPOUSE AND CHILDREN
114.005Occupancy of family abode by spouse and children. The spouse anddependent children of a decedent, or any of them, may continue to occupy theprincipal place of abode of the decedent until one year after the death of thedecedent or, if the estate therein is an estate of leasehold or an estate forthe lifetime of another, until one year after the death of the decedent or theearlier termination of the estate. During that occupancy:
(1)The occupants shall not commit or permit waste to the abode, or cause or permitmechanic’s or materialman’s or other liens to attach thereto.
(2)The occupants shall keep the abode insured, to the extent of the fair marketvalue of the improvements, against fire and other hazards within the extendedcoverage provided by fire insurance policies. In the event of loss or damagefrom those hazards, to the extent of the proceeds of the insurance, they shallrestore the abode to its former condition.
(3)The occupants shall pay taxes and improvement liens on the abode as paymentthereof becomes due.
(4)The abode is exempt from execution to the extent that it was exempt when thedecedent was living. [1969 c.591 §103]
114.010 [Repealed by1969 c.591 §305]
114.015Support of spouse and children. The court by order shall make necessaryand reasonable provision from the estate of a decedent for the support of thespouse and dependent children of the decedent, or any of them, upon:
(1)Petition therefor by or on behalf of the spouse or any dependent child;
(2)Service of the petition and notice of hearing thereon to the personalrepresentative, unless the petitioner is the personal representative;
(3)Notice to persons whose distributive shares of the estate may be diminished bythe granting of the petition, unless the court by order directs otherwise; and
(4)Hearing. [1969 c.591 §104]
114.020 [Amended by1955 c.69 §1; repealed by 1969 c.591 §305]
114.025Petition for support and answer. (1) The petition for support under ORS114.015 shall include a description of property, other than property of theestate, available for the support of the spouse and children, and an estimateof the expenses anticipated for their support. If the petitioner is thepersonal representative, the petition shall also include, so far as known, astatement of the nature and estimated value of the property of the estate andof the nature and estimated amount of claims, taxes and expenses ofadministration.
(2)If the personal representative is not the petitioner, the personalrepresentative shall answer the petition for support. The answer shall include,so far as known, a statement of the nature and estimated value of the propertyof the estate and of the nature and estimated amount of claims, taxes andexpenses of administration. [1969 c.591 §105]
114.030 [Repealed by1969 c.591 §305]
114.035Temporary support.Pending hearing upon the petition under ORS 114.015, temporary support may beallowed by order of the court in an amount and of a nature the court considersreasonably necessary for the welfare of the surviving spouse and dependent childrenof the decedent or any of them. [1969 c.591 §106]
114.545 Dutiesof person filing affidavit; payment of claims; conveyance of real property;liability of person to whom property transferred or payment made
114.550 Summaryreview of administration of estate; hearing
114.555 Effectof failure to appoint personal representative
114.560 Exclusiveremedy
ELECTIVESHARE FOR DECEDENTS WHO DIE ON OR AFTER JANUARY 1, 2011
(Generally)
114.600 Electiveshare generally
114.605 Amountof elective share
114.610 Mannerof making election
114.615 Paymentof elective share
114.620 Waiverof right to elect and other rights
114.625 Whomay exercise right of election
(AugmentedEstate)
114.630 Augmentedestate
114.635 Exclusionsfrom augmented estate
(Decedent’sProbate Estate)
114.650 Decedent’sprobate estate
(Decedent’sNonprobate Estate)
114.660 Decedent’snonprobate estate
114.665 Decedent’snonprobate estate; property owned immediately before death
(SurvivingSpouse’s Estate)
114.675 Survivingspouse’s estate
(Decedent’sProbate Transfers to Spouse)
114.685 Decedent’sprobate transfers to surviving spouse
(Decedent’sNonprobate Transfers to Spouse)
114.690 Decedent’snonprobate transfers to surviving spouse
(Paymentof Elective Share)
114.700 Priorityof sources from which elective share payable
114.705 Liabilityof recipients of decedent’s nonprobate estate
114.710 Protectiveorder
(Procedure)
114.720 Proceedingsto claim elective share
114.725 Effectof separation
SUPPORTOF SPOUSE AND CHILDREN
114.005Occupancy of family abode by spouse and children. The spouse anddependent children of a decedent, or any of them, may continue to occupy theprincipal place of abode of the decedent until one year after the death of thedecedent or, if the estate therein is an estate of leasehold or an estate forthe lifetime of another, until one year after the death of the decedent or theearlier termination of the estate. During that occupancy:
(1)The occupants shall not commit or permit waste to the abode, or cause or permitmechanic’s or materialman’s or other liens to attach thereto.
(2)The occupants shall keep the abode insured, to the extent of the fair marketvalue of the improvements, against fire and other hazards within the extendedcoverage provided by fire insurance policies. In the event of loss or damagefrom those hazards, to the extent of the proceeds of the insurance, they shallrestore the abode to its former condition.
(3)The occupants shall pay taxes and improvement liens on the abode as paymentthereof becomes due.
(4)The abode is exempt from execution to the extent that it was exempt when thedecedent was living. [1969 c.591 §103]
114.010 [Repealed by1969 c.591 §305]
114.015Support of spouse and children. The court by order shall make necessaryand reasonable provision from the estate of a decedent for the support of thespouse and dependent children of the decedent, or any of them, upon:
(1)Petition therefor by or on behalf of the spouse or any dependent child;
(2)Service of the petition and notice of hearing thereon to the personalrepresentative, unless the petitioner is the personal representative;
(3)Notice to persons whose distributive shares of the estate may be diminished bythe granting of the petition, unless the court by order directs otherwise; and
(4)Hearing. [1969 c.591 §104]
114.020 [Amended by1955 c.69 §1; repealed by 1969 c.591 §305]
114.025Petition for support and answer. (1) The petition for support under ORS114.015 shall include a description of property, other than property of theestate, available for the support of the spouse and children, and an estimateof the expenses anticipated for their support. If the petitioner is thepersonal representative, the petition shall also include, so far as known, astatement of the nature and estimated value of the property of the estate andof the nature and estimated amount of claims, taxes and expenses ofadministration.
(2)If the personal representative is not the petitioner, the personalrepresentative shall answer the petition for support. The answer shall include,so far as known, a statement of the nature and estimated value of the propertyof the estate and of the nature and estimated amount of claims, taxes andexpenses of administration. [1969 c.591 §105]
114.030 [Repealed by1969 c.591 §305]
114.035Temporary support.Pending hearing upon the petition under ORS 114.015, temporary support may beallowed by order of the court in an amount and of a nature the court considersreasonably necessary for the welfare of the surviving spouse and dependent childrenof the decedent or any of them. [1969 c.591 §106]
114.040 [Repealed by1969 c.591 §305]
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114.545 Dutiesof person filing affidavit; payment of claims; conveyance of real property;liability of person to whom property transferred or payment made
114.550 Summaryreview of administration of estate; hearing
114.555 Effectof failure to appoint personal representative
114.560 Exclusiveremedy
ELECTIVESHARE FOR DECEDENTS WHO DIE ON OR AFTER JANUARY 1, 2011
(Generally)
114.600 Electiveshare generally
114.605 Amountof elective share
114.610 Mannerof making election
114.615 Paymentof elective share
114.620 Waiverof right to elect and other rights
114.625 Whomay exercise right of election
(AugmentedEstate)
114.630 Augmentedestate
114.635 Exclusionsfrom augmented estate
(Decedent’sProbate Estate)
114.650 Decedent’sprobate estate
(Decedent’sNonprobate Estate)
114.660 Decedent’snonprobate estate
114.665 Decedent’snonprobate estate; property owned immediately before death
(SurvivingSpouse’s Estate)
114.675 Survivingspouse’s estate
(Decedent’sProbate Transfers to Spouse)
114.685 Decedent’sprobate transfers to surviving spouse
(Decedent’sNonprobate Transfers to Spouse)
114.690 Decedent’snonprobate transfers to surviving spouse
(Paymentof Elective Share)
114.700 Priorityof sources from which elective share payable
114.705 Liabilityof recipients of decedent’s nonprobate estate
114.710 Protectiveorder
(Procedure)
114.720 Proceedingsto claim elective share
114.725 Effectof separation
SUPPORTOF SPOUSE AND CHILDREN
114.005Occupancy of family abode by spouse and children. The spouse anddependent children of a decedent, or any of them, may continue to occupy theprincipal place of abode of the decedent until one year after the death of thedecedent or, if the estate therein is an estate of leasehold or an estate forthe lifetime of another, until one year after the death of the decedent or theearlier termination of the estate. During that occupancy:
(1)The occupants shall not commit or permit waste to the abode, or cause or permitmechanic’s or materialman’s or other liens to attach thereto.
(2)The occupants shall keep the abode insured, to the extent of the fair marketvalue of the improvements, against fire and other hazards within the extendedcoverage provided by fire insurance policies. In the event of loss or damagefrom those hazards, to the extent of the proceeds of the insurance, they shallrestore the abode to its former condition.
(3)The occupants shall pay taxes and improvement liens on the abode as paymentthereof becomes due.
(4)The abode is exempt from execution to the extent that it was exempt when thedecedent was living. [1969 c.591 §103]
114.010 [Repealed by1969 c.591 §305]
114.015Support of spouse and children. The court by order shall make necessaryand reasonable provision from the estate of a decedent for the support of thespouse and dependent children of the decedent, or any of them, upon:
(1)Petition therefor by or on behalf of the spouse or any dependent child;
(2)Service of the petition and notice of hearing thereon to the personalrepresentative, unless the petitioner is the personal representative;
(3)Notice to persons whose distributive shares of the estate may be diminished bythe granting of the petition, unless the court by order directs otherwise; and
(4)Hearing. [1969 c.591 §104]
114.020 [Amended by1955 c.69 §1; repealed by 1969 c.591 §305]
114.025Petition for support and answer. (1) The petition for support under ORS114.015 shall include a description of property, other than property of theestate, available for the support of the spouse and children, and an estimateof the expenses anticipated for their support. If the petitioner is thepersonal representative, the petition shall also include, so far as known, astatement of the nature and estimated value of the property of the estate andof the nature and estimated amount of claims, taxes and expenses ofadministration.
(2)If the personal representative is not the petitioner, the personalrepresentative shall answer the petition for support. The answer shall include,so far as known, a statement of the nature and estimated value of the propertyof the estate and of the nature and estimated amount of claims, taxes andexpenses of administration. [1969 c.591 §105]
114.030 [Repealed by1969 c.591 §305]
114.035Temporary support.Pending hearing upon the petition under ORS 114.015, temporary support may beallowed by order of the court in an amount and of a nature the court considersreasonably necessary for the welfare of the surviving spouse and dependent childrenof the decedent or any of them. [1969 c.591 §106]
