Surviving spouses have important rights and benefits under Oregon law, including:
- Intestate Share
- Dwelling occupancy rights
- Support Allowance
- Elective Share rights
Learning about these widow’s rights is one of the first steps to navigating the probate process.
Surviving Spouse Rights If There Is No Valid Will – Intestacy
When someone dies without a will in Oregon, they have died intestate. This means that Oregon law will control the disposition of the estate. A surviving spouse is entitled to receive an intestate share based upon who survives the decedent.
Surviving Spouse’s Right to An Elective Share – Election Against The Will
Surviving Spouse Allowances And Exemptions
- Occupation of dwelling: The surviving spouse may occupy the dwelling until one year after death, or until one year after the termination of decedent’s life estate in the dwelling
- Support allowance: The surviving spouse also has the right to a support allowance. The surviving spouse must petition for the allowance. The amount of the allowance is within the discretion of the court, but must be in an amount and of a nature reasonably necessary for the welfare of the surviving spouse.