Oregon Affidavit of Surviving Joint Tenant

County Specific Legal Forms Validated as recently as May 6, 2026 by our Forms Development Team

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About the Oregon Affidavit of Surviving Joint Tenant

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How to Use This Form

Select your county from the list on the left
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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In general, when one co-owner of real property held as joint tenants with right of survivorship dies, the living co-tenant gains the property rights of the deceased owner by function of law. As long as the remaining owner survives the deceased owner by at least 120 hours, the asset is not affected by the owner's will, and therefore does not pass through the estate and is not subject to probate distribution (112.582(5)).

Even though the transfer is supposed to be automatic, the Oregon statutes contain instructions for establishing death under the survivorship rules codified at ORS 112.570 to 112.590. Primarily, to prove that the deceased owner has actually died, the living co-owner should obtain "a certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death is alleged to have occurred" (112.582(2)(a)).

Once the survivor has the death certificate, he/she should submit it for recording, along with an affidavit of surviving joint tenant, to the same office that recorded the deed granting the survivorship tenancy to the co-owners. An affidavit is a document containing statements made under oath, and is admissible as evidence. The affidavit is not explicitly required by Oregon law, but it helps to protect the survivor's interest in the real property by clarifying and formalizing the change. In addition, the affidavit includes details about the specific parcel(s) of land and recording information from the original deed.

Recording the affidavit of surviving joint tenant and official death certificate provides public notice of the change in ownership, which in turn maintains the chain of title (sequential list of owners). A clear chain of title, with no gaps, reversals, or other details out of order, makes it easier to acquire title insurance, which should simplify future sales or mortgages of the property.

(Oregon AOSJT Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

What Others Like You Are Saying

— Keith C.

"not worth anything to me as i could never get notary info on form to print along with other info"

— JoAnn L.

"The process was easy, and efficient. There was a person available to help if needed. Very pleased, w…"

— Maryanne M.

"Excellent service and actually better than expected. Plus if the information is not available you re…"

— Kathy C.

"It's worth the cost to download the fill in the blank forms. So quick and easy. The lady I spoke to …"

— Coby A.

"great service and quick filing."

Common Uses for Affidavit of Surviving Joint Tenant

Facilitate the removal of a decedent's name from a deed
Establish legal standing to manage a decedent's real property
Update county records to reflect the death of a property owner
Provide documentation required by a title company to clear title
Record evidence of a property owner's passing with the county

Compare other Oregon deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Bargain and Sale Deed Correction Deed Easement Deed Termination of Easement Mineral Deed Mineral Deed with Quitclaim Covenants Trust Deed and Promissory Note Deed of Full Reconveyance Substitution of Trustee and Deed of Reconveyance (For Deed of Trust / Trust Deed) Assignment of Trust Deed by Beneficiary or Successor in Interest Land Sales Contract Memorandum of Land Sale Contract Full Release of Memorandum of Land Sale Contract Durable Power of Attorney Special Power of Attorney for the Purchase of Property Special Power of Attorney for the Sale of Property Notice of Pendency / Lis Pendens Release of / Pendency of an Action / Lis Pendens Transfer on Death Deed Transfer on Death Revocation Transfer on Death Affidavit of Survivorship Trustee Deed Personal Representative Deed Notice of Completion Notice of Right to Lien Claim of Lien Conditional Lien Waiver on Progress Payment Unconditional Lien Waiver on Progress Payment Conditional Lien Waiver on Final Payment Unconditional Lien Waiver on Final Payment Disclaimer of Interest Certificate of Trust

Important: County-Specific Forms

Our affidavit of surviving joint tenant forms are specifically formatted for each county in Oregon.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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