Oregon Transfer on Death Deed
An Oregon transfer on death deed names a beneficiary to receive your real property without probate, and must be notarized and recorded with the county clerk before you die. Attorney review available.
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Introduction
A transfer on death deed in Oregon is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate (Or. Rev. Stat. 93.948 to 93.979, the Uniform Real Property Transfer on Death Act). During your life the deed has no effect on your ownership: you keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest until you die (Or. Rev. Stat. 93.967). To be valid, the deed must contain the essential elements and formalities of a properly recordable deed, which means you sign it and have your signature acknowledged before a notary, it must state that the transfer to the beneficiary occurs at your death, and it must identify the beneficiary by name (Or. Rev. Stat. 93.961). Naming beneficiaries only as a class, such as my children, is void, so each beneficiary must be named. The deed is not effective unless it is recorded before your death in the deed records in the office of the county clerk for the county where the property is located (Or. Rev. Stat. 93.961). Oregon does not require witnesses, and the deed is effective without notice, delivery, acceptance, or consideration (Or. Rev. Stat. 93.963). The deed is revocable only by an instrument you acknowledge and record before your death, such as a later transfer on death deed or a revocation, and it cannot be revoked just by destroying it; because revocation works only through a recorded instrument during life, a will does not revoke it (Or. Rev. Stat. 93.965). Recording the deed does not affect your eligibility for public assistance or medical assistance during your life (Or. Rev. Stat. 93.967). DocDraft builds your Oregon transfer on death deed from your facts, with attorney review available before you sign.
Key Things to Know
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In Oregon a transfer on death deed is a deed you record while alive that names a beneficiary to receive your real property automatically at your death, without probate (Or. Rev. Stat. 93.948 and following).
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During your life the deed has no effect on your ownership. You keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest in the property until you die (Or. Rev. Stat. 93.967).
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To be valid the deed must have the essential elements and formalities of a properly recordable deed, so you sign it and have your signature acknowledged before a notary, and it must state the transfer occurs at your death (Or. Rev. Stat. 93.961). Oregon does not require witnesses.
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You must identify each beneficiary by name. A designation that names beneficiaries only as a class, such as my children, is void (Or. Rev. Stat. 93.961).
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The deed is not effective unless it is recorded before your death in the deed records in the office of the county clerk for the county where the property is located (Or. Rev. Stat. 93.961). It is effective without notice, delivery, acceptance, or consideration (Or. Rev. Stat. 93.963).
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The deed is revocable only by an instrument you acknowledge and record before your death, such as a later transfer on death deed or a revocation. It cannot be revoked just by destroying it, and because revocation works only through a recorded instrument during life, a will does not revoke it (Or. Rev. Stat. 93.965).
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Recording the deed does not affect your eligibility for public assistance or medical assistance during your life, and it creates no interest in the beneficiary while you are alive (Or. Rev. Stat. 93.967).
Key decisions before you file
Before you file a Transfer on Death Deed in Oregon, a few decisions shape the document: which option to choose and what each one means. The Transfer on Death Deed guide walks through them.
Open the Transfer on Death Deed guideCustomize your Transfer on Death Deed Template with DocDraft
Once your Transfer on Death Deed is ready, you can check whether it needs to be notarized in Oregon in about a minute, and notarize it online through DocDraft if it does.
Oregon Requirements for Transfer on Death Deed
Oregon requires the deed to contain the essential elements and formalities of a properly recordable deed and to state that the transfer to the beneficiary occurs at the owner death (Or. Rev. Stat. 93.961).
The full legal description of the property from the current recorded deed, plus the street address and county. A street address alone is not enough to record the deed with the county clerk.
Each beneficiary must be identified by name. A designation that names beneficiaries only as a class, such as my children, is void (Or. Rev. Stat. 93.961). Name an alternate in case a first beneficiary does not survive the owner.
The owner must sign the deed and have the signature acknowledged before a notary, because an Oregon transfer on death deed must have the formalities of a recordable deed. Oregon does not require witnesses.
The deed is not effective unless it is recorded in the deed records in the office of the county clerk for the county where the property is located before the death of the owner (Or. Rev. Stat. 93.961). Record it promptly after signing.
The deed is effective without notice to, delivery to, or acceptance by the beneficiary, and without consideration (Or. Rev. Stat. 93.963). The beneficiary does not have to pay or agree to anything while the owner is alive.
The deed is revocable only by an instrument the owner acknowledges and records before death, such as a later transfer on death deed or a revocation (Or. Rev. Stat. 93.965). It cannot be revoked by destroying it, and a will does not revoke it.
During the owner life the deed does not affect eligibility for public assistance or medical assistance and creates no interest in the beneficiary (Or. Rev. Stat. 93.967). The beneficiary takes the property subject to existing liens at the owner death.
Does your Transfer on Death Deed need to be notarized in Oregon?
Whether a Transfer on Death Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.
Check my Transfer on Death DeedFrequently Asked Questions
An Oregon transfer on death deed is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate (Or. Rev. Stat. 93.948 and following). During your lifetime it has no effect on your ownership: you keep full control and can sell or revoke it, and the beneficiary has no interest until you die. It passes only the property described in the deed.
An Oregon will directs who inherits your property, but the property still passes through probate, the court process that can take many months. An Oregon transfer on death deed passes the specific real property it names directly to the beneficiary at your death, outside probate. The will covers your whole estate; the transfer on death deed covers only the real property it describes. Many Oregonians use both, so the deed handles the land and the will handles everything else.
To be valid in Oregon the deed must have the essential elements and formalities of a properly recordable deed, so you sign it and have your signature acknowledged before a notary, it must state that the transfer occurs at your death, and it must identify each beneficiary by name (Or. Rev. Stat. 93.961). You must then record it before your death in the deed records in the office of the county clerk for the county where the property is located. Oregon does not require witnesses.
An Oregon transfer on death deed is not effective unless it is recorded before your death in the deed records in the office of the county clerk for the county where the property is located (Or. Rev. Stat. 93.961). Recording must happen while you are alive; a deed recorded after you die does not transfer the property. There is no fixed number of days, but you should record it promptly after signing so it is on file before death.
Yes. An Oregon transfer on death deed is revocable, but only by an instrument you acknowledge and record before your death, such as a later transfer on death deed, an instrument of revocation, or a deed transferring the property (Or. Rev. Stat. 93.965). You cannot revoke it just by destroying the deed. Because revocation works only through a recorded instrument during your life, a will does not revoke an Oregon transfer on death deed.
No. Oregon requires each beneficiary to be identified by name. A designation that names beneficiaries only as a class, such as my children or my heirs, is void (Or. Rev. Stat. 93.961). You should list the full legal name of each person you want to receive the property, and you can also name an alternate beneficiary in case a first beneficiary does not survive you. DocDraft prompts you for each name.
No. During your life an Oregon transfer on death deed does not affect your eligibility for any form of public assistance or medical assistance, because it has no effect on your ownership and creates no interest in the beneficiary while you are alive (Or. Rev. Stat. 93.967). The deed also does not affect the rights of your creditors during your life. You should confirm how any benefits program treats your situation.
No. An Oregon transfer on death deed avoids probate for the transfer itself, but the beneficiary takes the property as it stood at your death, subject to any mortgages, liens, and other interests on it (Or. Rev. Stat. 93.969 and following). The deed does not erase a mortgage or a lien, and it does not by itself defeat valid creditor claims. Confirm what is owed on the property before relying on the deed.