Does adopted son share in estate with Spouse of deceased if no Will?

Full question:

My husband died last month without leaving a will. He had an adopted son from a prior marriage. I and my husband did not have any children. Can I claim the whole of my deceased husband’s estate?

• Category: Wills and Estates
• Subcategory: Intestacy
• Date: 04/07/2025
• State: Oregon

Answer:

Oregon intestate laws set out in Chapter 112 governs intestate succession and wills. A surviving spouse of an intestate decedent may claim entire net intestate estate, if the deceased had no descendants. Descendants include an adopted child and adopted child’s descendants. If the deceased have left descendants, the surviving spouse is entitled only to one-half of the net intestate estate.

Therefore, the surviving wife is not entitled to the entire intestate estate of her husband, but will get only one-half of the net intestate estate.

The term descendant is defined in ORS 111.005 as:

(9)(a) “Descendant” means a person who is descended from a specific ancestor and includes an adopted child and the adopted child’s descendants.
 (b) When used to refer to persons who take by intestate succession, “descendant” does not include a person who is the descendant of a living descendant.
Entitlement of surviving spouse in the absence of any descendants
112.035. If the decedent leaves a surviving spouse and no descendant, the intestate share of the surviving spouse is the entire net intestate estate.
Entitlement of surviving spouse where there are other descendants
112.025. If the decedent leaves a surviving spouse and one or more descendants, the intestate share of the surviving spouse is:
(1) If there are one or more surviving descendants of the decedent all of whom are [issue] descendants of the surviving spouse also, the entire net intestate estate.
(2) If there are one or more surviving descendants of the decedent one or more of whom are not descendants of the surviving spouse, one-half of the net intestate estate.
(Note: intestate laws amended in 2016 – used the amended laws accessed at https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2016orLaw0042.pdf on 12.28.16 at 3.30 pm; previous law from https://www.oregonlegislature.gov/bills_laws/ors/ors112.html  accessed on 12.28.2016 at 3.30 pm.).