Josephine County Transfer on Death Deed Form (Oregon)

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

Transfer on Death Deed Form

Josephine County Transfer on Death Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Josephine County compliant document last validated/updated 5/17/2024

Transfer on Death Deed Guide

Josephine County Transfer on Death Deed Guide

Line by line guide explaining every blank on the form.
Included Josephine County compliant document last validated/updated 4/26/2024

Completed Example of a Transfer on Death Deed Document

Josephine County Completed Example of a Transfer on Death Deed Document

Example of a properly completed form for reference.
Included Josephine County compliant document last validated/updated 4/12/2024

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

Josephine County Clerk

Courthouse - 500 NW 6th St, Rm 170 / PO Box 69, Grants Pass, Oregon 97526 / 97528

Hours: 8:30 to 12:00 & 1:00 to 4:00 M-F

Phone: (541) 474-5240

Local jurisdictions located in Josephine County include:

  • Cave Junction
  • Grants Pass
  • Kerby
  • Merlin
  • Murphy
  • O Brien
  • Selma
  • Wilderville
  • Williams
  • Wolf Creek

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

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

Can the Transfer on Death Deed 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 Josephine County that you need to transfer you would only need to order our forms once for all of your properties in Josephine County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Oregon or Josephine 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 Josephine County Transfer on Death Deed 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.

Transfer on death deeds are nontestamentary ( 93.957). This means the property conveyed at death does not become part of the estate, and passes to the beneficiary without the need for probate distribution. Because TODDs deal with disposing assets after death, however, the transferor must meet the same standards for mental capacity as needed to execute a will ( 93.959).

The TODD itself must meet the requirements set forth for a "properly recordable inter vivos deed," except that it must "state that the transfer to the designated beneficiary is to occur at the transferor's death" as well as identifying the primary and alternate beneficiaries by name. Also, it must be recorded, DURING THE OWNER'S LIFE, in the county where the property is located ( 93.961).

In addition to the content requirements, standard (inter vivos) deeds generally transfer a permanent present interest to the grantee (buyer). In the most basic terms, this means that once the deed is executed and recorded, the grantee owns the property. Unlike an inter vivos deed, though, TODDs do not require notice, delivery, acceptance, or consideration ( 93.963). By recording the TODD, the owner declares an intention to convey a potential future interest in the land described in the deed. Since the obligations in favor of the beneficiary (grantee) do not apply, TODDs are revocable.

Land owners who record TODDs retain absolute control over and use of the property while they are living. They may sell, mortgage, or otherwise convey the real estate with no penalty, and no obligation to notify the beneficiary. Transferors may also change, revoke, or otherwise modify the terms of the original transfer on death deed by executing and recording a revocation form; a new TODD with different beneficiary information; or an inter vivos deed transferring the owner's interest to someone else ( 93.965).

Just as some owners may wish to change or revoke a beneficiary designation, some beneficiaries are unable or unwilling to accept the transfer after the owner's death. To address this need, beneficiaries may disclaim the interest in land by following a statutory procedure( 93.971).

Ultimately, TODDs offer a handy, flexible estate planning tool to owners of Oregon real property. Before deciding to use a TODD, consider its potential impact on taxes, access, and eligibility for income-and/or-asset-based benefits. Each situation is unique, so for complex circumstances or with additional questions, contact a local attorney.

Important terms:

Inter vivos: "between the living" Inter vivos deeds, such as warranty deeds or quitclaim deeds, transfer a permanent, present interest in real property during the conveyor's life.

Nontestamentary: After-death plans not included in or affected by the deceased person's will.
Probate: Court-supervised administration of a deceased person's estate.

(Oregon TODD Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Josephine County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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