Linn County Transfer on Death Affidavit of Survivorship Form (Oregon)

All Linn County specific forms and documents listed below are included in your immediate download package:

Transfer on Death Affidavit of Survivorship Form

Linn County Transfer on Death Affidavit of Survivorship Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Linn County compliant document last validated/updated 2/28/2024

Transfer on Death Affidavit of Survivorship Guide

Linn County Transfer on Death Affidavit of Survivorship Guide

Line by line guide explaining every blank on the form.
Included Linn County compliant document last validated/updated 1/3/2024

Completed Example of the Transfer on Death Affidavit of Survivorship Document

Linn County Completed Example of the Transfer on Death Affidavit of Survivorship Document

Example of a properly completed form for reference.
Included Linn County compliant document last validated/updated 4/29/2024

When using these Transfer on Death Affidavit of Survivorship forms, the subject real estate should be physically located in Linn County, and the executed documents recorded in one of the following offices:

Linn County Clerk

300 4th Ave SW, Rm 205 / PO Box 100, Albany, Oregon 97321

Hours: 8:30 to 5:00 M-F / Same-day recording until 4:00

Phone: (541) 967-3829

Local jurisdictions located in Linn County include:

  • Albany
  • Brownsville
  • Cascadia
  • Crabtree
  • Crawfordsville
  • Foster
  • Halsey
  • Harrisburg
  • Lebanon
  • Lyons
  • Mill City
  • Scio
  • Shedd
  • Sweet Home
  • Tangent

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Forms are NOT emailed to you. Immediately after you submit payment, the Linn County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Linn County using our eRecording service.
Are these forms guaranteed to be recordable in Linn County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Linn County including margin requirements, content requirements, font and font size requirements.

Can the Transfer on Death Affidavit of Survivorship forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Linn County that you need to transfer you would only need to order our forms once for all of your properties in Linn County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Oregon or Linn County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Linn County Transfer on Death Affidavit of Survivorship forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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)

Our Promise

The documents you receive here will meet, or exceed, the Linn 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

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March 11th, 2021

I saved 225.00 with this purchase.Make sure you have an updated property description from
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November 11th, 2020

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