(1) Except as provided in subsection (2) of this section, the decedents nonprobate transfers to the decedents surviving spouse include all property that passed outside probate at the decedents death from the decedent to the surviving spouse by reason of the decedents death, including: (a) The decedents fractional interest in property held in any form of survivorship tenancy, as described in ORS 114.665 (1), to the extent that the decedents fractional interest passed to the surviving spouse as surviving tenant; (b) The decedents ownership interest in property or accounts held in co-ownership registration with the right of survivorship, to the extent that the decedents ownership interest passed to the surviving spouse as surviving co-owner; (c) Insurance proceeds payable to the surviving spouse by reason of the death of the decedent; and (d) All other property that would have been included in the decedents nonprobate estate under ORS 114.660 and 114.665 had it passed to or for the benefit of a person other than the decedents spouse. (2) The decedents nonprobate transfers to the decedents surviving spouse do not include any property passing to the surviving spouse under the federal Social Security Act. (Payment of Elective Share)
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