Oregon Transfer on Death Deed

Introduction

Key Things to Know

1. 1

   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).

2. 2

   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).

3. 3

   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.

4. 4

   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).

5. 5

   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).

6. 6

   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).

7. 7

   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).

Oregon Requirements for Transfer on Death Deed

• Meet the Recordable Deed Requirements

  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).

• Legal Description of the Property

  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.

• Name Each Beneficiary, Not a Class

  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.

• Notarize the Signature

  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.

• Record Before the Owner Dies

  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.

• No Payment or Beneficiary Consent Needed

  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.

• Revoke Only by Recorded Instrument

  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.

• No Effect on Benefits During Life

  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.