# ORS § 112.045: 112.045 Share of others than surviving spouse

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.045

## Section

- **Citation:** ORS § 112.045
- **Heading:** 112.045 Share of others than surviving spouse
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 12 / Chapter 112 / Section 112.045

## Text

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 (Passage by representation) .

(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 (Passage by representation) 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 (Passage by representation) .

(4) Intentionally left blank —Ed.

(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 (Passage by representation) 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 (Passage by representation) .

(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 (Passage by representation) .

(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]

Source: Section 112.045 — Share of others than surviving spouse , https://www.­oregonlegislature.­gov/bills_laws/ors/ors112.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 112.015 112.015 Net intestate estate](https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.015.md)
- [ORS § 112.025 112.025 Share of surviving spouse if decedent leaves descendants](https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.025.md)
- [ORS § 112.035 112.035 Share of surviving spouse if decedent leaves no descendant](https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.035.md)
- [ORS § 112.045 112.045 Share of others than surviving spouse](https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.045.md)
- [ORS § 112.047 112.047 Forfeiture of parent’s share by reason of termination of parental rights or desertion or neglect](https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.047.md)
- [ORS § 112.049 112.049 Petition for forfeiture of parent’s share](https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.049.md)
- [ORS § 112.055 112.055 Escheat](https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.055.md)
- [ORS § 112.058 112.058 Preferences and presumptions in escheat proceedings](https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.058.md)
- [ORS § 112.065 112.065 Passage by representation](https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.065.md)
- [ORS § 112.077 112.077 Time of determining relationships](https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.077.md)
- [ORS § 112.095 112.095 Persons of the half blood](https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.095.md)
- [ORS § 112.105 112.105 Succession where parents not married](https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.105.md)
- [ORS § 112.115 112.115 Persons related to decedent through two lines](https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.115.md)
- [ORS § 112.135 112.135 When gift is an advancement](https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.135.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T12_C112_S112.045. Check the current official text before relying on it. Not legal advice.