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Spousal Elective Share Law in Oregon

In Oregon, a surviving spouse can elect a share of the augmented estate that grows with the length of the marriage, from 5% (under 2 years) to 33% (15 years or more), by filing within 9 months after death.

Last checked . General information, not legal advice.

Oregon at a glance

Elective share
5% to 33% of augmented estate, by length of marriage
5% for a marriage under 2 years, rising 2 points a year to 33% at 15 years or more.
Deadline to elect
9 months after death
The petition or motion to claim the share must be filed within 9 months after the spouse's death.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Oregon

How much can a surviving spouse claim in Oregon if left out of the will?

Elective share in Oregon: 5% to 33% of augmented estate, by length of marriage. 5% for a marriage under 2 years, rising 2 points a year to 33% at 15 years or more.

What is the deadline to claim the elective share in Oregon?

Deadline to elect in Oregon: 9 months after death. The petition or motion to claim the share must be filed within 9 months after the spouse's death.

Is Oregon a community property state?

No. Community property state in Oregon: no. Not on the IRS list of community property states.

Where do the Oregon spousal elective share laws come from?

The rules above come from Or. Rev. Stat. 114.605 and Or. Rev. Stat. 114.610. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.