Oregon Transfer on Death Affidavit of Survivorship
County Specific Legal Forms Validated as recently as May 11, 2026 by our Forms Development Team
About the Oregon Transfer on Death Affidavit of Survivorship
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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"Thank you, it was easy and fast. The clerks office filed without question."
Completing the Transfer from an Oregon Transfer on Death Deed
The Uniform Real Property Transfer on Death Act was integrated into Oregon's laws at ORS 93.948-93.979 (2011). When applied correctly, owners of real property in Oregon can, while still alive, use transfer on death deeds to direct and modify what happens to their land when they die.
The statutes contain forms and specific instructions for the landowners, but provide very little information for the surviving beneficiaries. According to 93.969(1)(a)(A), when the transferor/owner dies, his/her interest in the property transfers "to the designated beneficiary in accordance with the deed if the designated beneficiary survives the transferor." There is, however, scant additional guidance for the beneficiary who wishes to officially initiate the transfer.
While there are no specific statutory steps, one way for the surviving beneficiary to formalize the conveyance is by executing and recording an affidavit of survivorship. This document, when accompanied by a certified copy of the deceased owner's death certificate, provides official notice of the change in ownership.
Land ownership comes with duties and obligations. Sometimes the named beneficiaries are unable or unwilling to meet those responsibilities. In those cases, the beneficiary may opt out of the transfer by disclaiming all or part of his/her interest as provided in 105.623 ( 93.971).
A "beneficiary takes the property subject to all conveyances, encumbrances . . . and other interests to which the property is subject at the transferor's death" ( 93.969(2)). In addition, land conveyed using a "transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision" ( 93.969(4)). The beneficiary must also be aware that, for the first 18 months following the owner's death, there might be liability for creditor claims from the transferor's estate. See 93.973.
Maintaining current ownership information is important for numerous reasons. For example, if the local property taxes are unpaid, the delinquency could lead to fines, penalties, and possibly even sale of the property to cover the lost revenue and collection expenses. Another motivating factor is the benefit of preserving a clear chain of title. The chain of title, or ownership history for a specific parcel of real estate, should show an unbroken sequence from one owner to the next, with no gaps in time, reversals, or other details out of sequence. Recording the affidavit of survivorship keeps the series of owners intact, and the resulting continuity will allow a future purchaser to obtain title insurance more easily.
(Oregon TOD Affidavit of Survivorship 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
"So far, this is working well. However, I don't see a form to change name due to marriage."
"I received prompt attention to the package I submitted. It was submitted promptly the recorders offi…"
"Hopefully filling out and filing the paperwork is as easy as this was."
"This website was most helpful and easy to use. Glad the information I needed was available"
"Thank you, it was easy and fast. The clerks office filed without question."
Common Uses for Transfer on Death Affidavit of Survivorship
- Update beneficiary designations after a life change
- Avoid probate costs and delays for your heirs
- Designate a spouse as the beneficiary of your property
- Provide for a loved one without giving up current ownership
- Revoke a prior transfer on death or beneficiary designation
- Change a previously named property beneficiary
Compare other Oregon deed forms and documents
Important: County-Specific Forms
Our transfer on death affidavit of survivorship 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.