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Oregon Affidavit of Surviving Joint Tenant

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.

Deeds.com Oregon Affidavit of Surviving Joint Tenant Forms Have Been Updated as Recently as Monday August 5, 2019

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Daniel S. said: It was easy to find the forms I was looking for and the guided steps and examples of how to use the form were beneficial.

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Maria S. said: The paperwork/forms are fine, but there isn't enough explanation for me to figure out how to file the extra forms (which I do need in my case). The main form, Deed Upon Death is fine. I think the price is pretty high for these forms. I wouldn't have purchased it because there are places to get them for much cheaper (about 6 dollars), but this site had the extra forms I wanted (property in a trust and another form). Unfortunately these were included as a "courtesy" and there are no instructions for them. So three stars for being clear about what was in the package, having the right forms that I need, but instructions for putting them to use and price took a couple of stars off. Downloading was easy and once you download you can type the info into the PDF--that makes working with the forms much easier.

Reply from Staff: Thank you for the feedback Maria. Regarding the supplement documents, it is best to get assistance from the agency that requires them. These are not legal documents, they should provide full support and guidance for them.


William K. said: I filled out the Xfer on Death Deed and turned it in to the County Recorder - everything went well. I did NOT like the Huge Print over like a stamp of "DEEDS.COM" on some of the material - it just made it hard to read.

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W J C. said: Good documents. Very helpful.

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Oregon Affidavit of Surviving Joint Tenant Form