Oregon Transfer on Death Revocation

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Revoking a Transfer on Death Deed in Oregon

Based on the Uniform Real Property Transfer on Death Act and located at ORS 93.948-93.979 (2011), this statute governs the use and applications of TODDs in the state of Oregon.

Estate plans are most effective when they're kept up to date. Flexible tools like transfer on death deeds help real estate owners control the distribution of what is often their most significant asset. While most deeds involve permanent, immediate transfers of a present interest in real property, TODDs allow the transferor the opportunity, during life, to readjust or even revoke the potential future interest to be conveyed at death ( 93.955 ).

The statutes set forth the rules for revoking a transfer on death deed at 93.965. Just as with a TODD, the revocation MUST be recorded while the owner is still alive or it has no effect. Once recorded, any modifications must be made by instrument. There are three primary ways to change or revoke a TODD: 1) executing and recording a new TODD that changes the details of the previous deed; 2) executing and recording an inter vivos deed, such as a warranty deed or quitclaim deed, conveying the owner's interest in the property to someone else---the transferor no longer owns the property, so it cannot be conveyed at death; or 3) executing and recording an instrument of revocation, thereby cancelling the entire TODD.

Note that all documents related to revoking a transfer on death deed must be recorded in the same county where the land is located.

(Oregon TOD Revocation Package includes form, guidelines, and completed example)

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