Benton County Transfer on Death Affidavit of Survivorship Form

Benton County Transfer on Death Affidavit of Survivorship Form
Fill in the blank form formatted to comply with all recording and content requirements.

Benton County Transfer on Death Affidavit of Survivorship Guide
Line by line guide explaining every blank on the form.

Benton County Completed Example of the Transfer on Death Affidavit of Survivorship Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Oregon and Benton County documents included at no extra charge:
Where to Record Your Documents
Records & Licenses Office
Corvallis, Oregon 97330
Hours: 8:00 to 5:00 Mon-Fri / Recording until 4:00
Phone: (541) 766-6831
Recording Tips for Benton County:
- Both spouses typically need to sign if property is jointly owned
- Leave recording info boxes blank - the office fills these
- Ask about their eRecording option for future transactions
- Have the property address and parcel number ready
Cities and Jurisdictions in Benton County
Properties in any of these areas use Benton County forms:
- Alsea
- Blodgett
- Corvallis
- Monroe
- Philomath
Hours, fees, requirements, and more for Benton County
How do I get my forms?
Forms are available for immediate download after payment. The Benton County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Benton County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benton County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Benton County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Benton County?
Recording fees in Benton County vary. Contact the recorder's office at (541) 766-6831 for current fees.
Questions answered? Let's get started!
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)
Important: Your property must be located in Benton County to use these forms. Documents should be recorded at the office below.
This Transfer on Death Affidavit of Survivorship meets all recording requirements specific to Benton County.
Our Promise
The documents you receive here will meet, or exceed, the Benton County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Benton County Transfer on Death Affidavit of Survivorship form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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