Benton County Bargain and Sale Deed (Simple Estate Affiant Third-Party Transfer) Form

An Oregon simple estate affidavit places a fiduciary, called the affiant, in charge of a qualifying estate without a full probate. When estate real property is sold to an outside buyer while that administration is open, the closing instrument carries a distinctive signature architecture: the affiant conveys in a stated fiduciary capacity, and every heir or devisee who would succeed to the interest joins in the same conveyance by signing the deed. This form prepares that instrument, a bargain and sale deed under ORS 93.860 documenting a sale under ORS 114.547.

A sale the statute times and prices

ORS 114.547, added by the 2019 Legislative Assembly, permits the affiant to transfer or sell estate real property before the two-year review period of ORS 114.550 closes, in exchange for adequate consideration, a standard the probate modernization work group tied to fair market value. The proceeds, net of reasonable sale expenses and any debt secured at death by a perfected lien, flow back into the estate. The deed recites each of these conditions, so the chain of title shows a sale that stayed inside the section.

Why every successor signs

The joinder rule is the section's balance point. The heirs and devisees who would otherwise take the property consent on the face of the deed, and the statute gives the buyer a clean result in exchange: a purchaser in good faith and for a valuable consideration takes the interest stated free of any interest of the claiming successors, with no duty to see how the sale money is applied. Under ORS 114.545, the property remains subject to liens and encumbrances against the decedent or the estate, but unsecured creditor claims follow the proceeds rather than the land.

What the deed recites

The form carries the affiant as grantor with a fiduciary capacity recital, a section identifying the affidavit by decedent, circuit court, case number and filing date, entries for two joining heirs or devisees, and a separate signature and acknowledgment certificate for the affiant and for each joining signer, so the signers can appear before different notaries in different counties. The operative language uses the conveys to wording of ORS 93.860 and states that the deed conveys without covenant or warranty of title, and the first page carries the ORS 93.030 consideration statement, the ORS 93.260 tax statement address, and the return address. An affiant raising funds to pay estate claims, and a family converting an inherited house into divisible proceeds, present the pattern this deed recites; an affiant who is also the sole heir signs once, with the joining capacity stated in the recitals.

This is not the instrument that closes a simple estate. ORS 114.555(3) directs a separate bargain and sale deed conveying remaining real property to the person entitled to it, and a sale out of a full probate is documented by a personal representative's deed. This form documents only the mid-administration sale to a third party, with joinder recited in full.

Inside the download

The package includes the blank deed as a fillable PDF with an instructions page, a guide that walks through every numbered section, and a completed example filled in for a realistic Deschutes County estate sale. The materials describe Oregon law in general terms; they are informational and are not legal advice.