Polk County Transfer on Death Deed Form (Oregon)

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

Transfer on Death Deed Form

Polk County Transfer on Death Deed Form

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

Transfer on Death Deed Guide

Polk County Transfer on Death Deed Guide

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

Completed Example of a Transfer on Death Deed Document

Polk County Completed Example of a Transfer on Death Deed Document

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

When using these Transfer on Death Deed forms, the subject real estate must be physically located in Polk County. The executed documents should then be recorded in one of the following offices:

Polk County Clerk

850 Main St, Rm 201, Dallas, Oregon 97338-3179

Hours: 8:00 to 12:00 & 1:00 to 5:00 Mon-Fri / Recording until 4:30

Phone: (503) 623-9217

Local jurisdictions located in Polk County include:

  • Dallas
  • Falls City
  • Grand Ronde
  • Independence
  • Monmouth
  • Rickreall
  • Salem

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

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

What are supplemental forms?

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