Oregon Affidavit of Surviving Joint Tenant

Name: Oregon Affidavit of Surviving Joint Tenant
Brand: Deeds.com
SKU: 1375924008P416449
Price: 27.97 USD
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County Specific Legal Forms Validated as recently as April 14, 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

— GARY S.

"The forms were just what i needed and for the county i needed thankyou so much"

— Marvita J.

"Deeds.com was fast and easy and I got everything I needed in one stop!"

— L. Candace H.

"So far it's been good & informative. I have not chosen forms for download but I like the site. T…"

— Michael F.

"This service wasn't helpful at all."

— Tiffany Dawn J.

"Would be nice to have a better description on how to complete the forms if it is separated couple an…"

Common Uses for Affidavit of Surviving Joint Tenant

Support the transfer of property to surviving heirs
Provide evidence of heirship for a property transfer
Establish legal standing to manage a decedent's real property
Establish a chain of title after a property owner passes away
Document succession of interest in community property

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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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