In determining whether any payment is required to a surviving spouse in satisfaction of the elective share provided for in ORS 114.605, the court shall consider the values of the decedents probate estate, the decedents nonprobate estate, the surviving spouses estate, the decedents probate transfers to the surviving spouse and the decedents nonprobate transfers to the surviving spouse. If the court determines that the aggregate value of the surviving spouses estate, the decedents probate transfers to the surviving spouse and the decedents nonprobate transfers to the surviving spouse do not satisfy the amount of the elective share, any additional amount required to satisfy the elective share shall be paid out of the decedents probate estate and the decedents nonprobate estate in the manner provided by ORS 114.700.
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