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

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

Transfer on Death Affidavit of Survivorship Form

Malheur County Transfer on Death Affidavit of Survivorship Form

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

Transfer on Death Affidavit of Survivorship Guide

Malheur County Transfer on Death Affidavit of Survivorship Guide

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

Completed Example of the Transfer on Death Affidavit of Survivorship Document

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

Example of a properly completed form for reference.
Included Malheur 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 Malheur County, and the executed documents recorded in one of the following offices:

Malheur County Clerk

251 B St W, Suite 4, Vale, Oregon 97918

Hours: 8:30 to 5:00 M-F

Phone: (541) 473-5151

Local jurisdictions located in Malheur County include:

  • Adrian
  • Arock
  • Brogan
  • Harper
  • Ironside
  • Jamieson
  • Jordan Valley
  • Juntura
  • Nyssa
  • Ontario
  • Riverside
  • Vale
  • Westfall

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 Malheur 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 Malheur County using our eRecording service.
Are these forms guaranteed to be recordable in Malheur County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Malheur 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 Malheur County that you need to transfer you would only need to order our forms once for all of your properties in Malheur County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Oregon or Malheur 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 Malheur 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 Malheur 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 Malheur 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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May 16th, 2024

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May 16th, 2024

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May 15th, 2024

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September 3rd, 2020

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June 2nd, 2022

ALL I CAN SAY IS WOW. I AM SO GLAD THAT SOMEONE THOUGHT OF THIS OPROCESS FOR NON-TITLE COMPANIES, SMALL COMPANIES, ETC. I REALLY APPRECIATED THE SERVICE WHEN I RECORDED MY FIRST SET OF DOCS HERE. THEY WERE A MESS AND I HAD A LOT OF QUESTIONS. AGAIN THANK YOU!

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Rose H.

March 22nd, 2021

I am so glad I found this resource! As the Executor of a family members estate I wanted to save money by bypassing a lawyer as it seemed pretty straight forward to tranfer a Life Estate to the remainderman. (I had original deeds). But talking with 3 different states and 4 different counties - none of which seemed to need the same documents, I was almost ready to dump this in a lawyer's lap. This resource makes it simple!

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May 9th, 2021

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October 18th, 2020

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August 6th, 2020

The process for receiving the quitclaim document worked well. I couldn't use the document. If I had been able to view the document before I had to pay for it, I would have known, but that isn't how your process works. However, that's the only snag I found. Otherwise the process for paying and downloading the document worked well. Thank you.

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October 7th, 2020

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January 11th, 2019

Ordered the fill in the blank form for a deed. Very professional looking but more importantly, correct for my recording office. It was recorded with no question. The guide was a big help in completed the deed.

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January 23rd, 2019

Very helpful!!! Thanks again.

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November 12th, 2020

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