OR HB3934

Surviving spouses may claim an exclusion from Oregon estate tax for the unused portion of their deceased spouse's $1 million estate tax exclusion amount

The exclusion is available only if the prior deceased spouse's Oregon taxable estate did not exceed $1 million, and the personal representative files a return within 12 months of the first spouse's death stating the exclusion amount

Maximum exclusion amount is $1 million, calculated by subtracting the prior deceased spouse's Oregon taxable estate from $1 million

The election made by the personal representative is irrevocable

Applies to estates of decedents who die on or after January 1, 2026, and takes effect on the 91st day following adjournment of the 2025 legislative session