(1) Except as otherwise provided in ORS 114.600 to 114.725, the amount of the elective share is a dollar amount determined by multiplying the augmented estate by the percentage provided in this section. All properties included in the augmented estate shall be determined as provided in ORS 114.600 to 114.725. A court of this state has authority to order distribution under ORS 114.600 to 114.725 of all properties included in the augmented estate under ORS 114.600 to 114.725.\n(2) The elective share of a surviving spouse is determined by the length of time the spouse and decedent were married to each other, in accordance with the following schedule:\n______________________________________________________________________________\nIf the decedent The elective-share\nand the spouse percentage is:\nwere married to\neach other:\nLess than 2 years 5% of the\naugmented estate\n2 years but less\nthan 3 years 7% of the\naugmented estate\n3 years but less\nthan 4 years 9% of the\naugmented estate\n4 years but less\nthan 5 years 11% of the\naugmented estate\n5 years but less\nthan 6 years 13% of the\naugmented estate\n6 years but less\nthan 7 years 15% of the\naugmented estate\n7 years but ate\n4 years but less\nthan 5 years 11% of the\naugmented estate\n5 years but less\nthan 6 years 13% of the\naugmented estate\n6 years but less\nthan 7 years 15% of the\naugmented estate\n7 years but less\nthan 8 years 17% of the\naugmented estate\n8 years but less\nthan 9 years 19% of the\naugmented estate\n9 years but less\nthan 10 years 21% of the\naugmented estate\n10 years but less\nthan 11 years 23% of the\naugmented estate\n11 years but less\nthan 12 years 25% of the\naugmented estate\n12 years but less\nthan 13 years 27% of the\naugmented estate\n13 years but less\nthan 14 years 29% of the\naugmented estate\n14 years but less\nthan 15 years 31% of the\naugmented estate\n15 years or more\n33% of the\naugmented estate\n______________________________________________________________________________ [2009 c.574 §3]
Oregon Legal Code