Oregon: Transfer-on-Death Deed Requirements

Oregon is one of the roughly two-thirds of states that let you keep your home out of
probate with a transfer-on-death deed, and its version is one of the simpler ones. Oregon
adopted the Uniform Real Property Transfer on Death Act in 2011 (it took effect January 1,
2012), so a homeowner can name who inherits the property, record that choice now, and keep
full control of the home for life. When you die, the property passes to the person you named
without a probate case — but only if you recorded the deed before your death.

How to sign it

Oregon does not layer on the extra formalities some states require. Under ORS 93.961, a
transfer on death deed "must contain the essential elements and formalities of a properly
recordable inter vivos deed," must "state that the transfer to the designated beneficiary is
to occur at the transferor's death," and must "identify the designated beneficiary by name."
In practice that means:

• You (the "transferor") sign the deed — the person who will inherit (the "designated
  beneficiary") never signs and does not have to know about the deed.
• A notary acknowledges your signature. Because the deed has to meet the formalities of
  a recordable deed, it must be acknowledged before a notary, just like any Oregon deed you
  record. No witnesses are required — Oregon has no witness rule for this deed at all.
• Name the beneficiary by name. A deed that leaves the property to a class — "my
  children," "my heirs" — rather than named people is void under § 93.961(2).

One Oregon-specific point on capacity: under ORS 93.959, "the capacity required to make
or revoke a transfer on death deed is the same as the capacity required to make a will."
That is the will standard, not the ordinary deed/contract standard some states use.

Recording requirement

Signing and notarizing the deed does nothing by itself. Under ORS 93.961(1)(d), the deed
"must be recorded before the transferor's death in the deed records in the office of the
county clerk for the county in which the property is located." Two things follow:

• Record it while you are alive. A transfer on death deed found in a drawer after you
  die, never recorded, transfers nothing — the home passes by your will or by intestacy
  instead. This is the single most common way one of these deeds fails.
• There is no fixed deadline between signing and recording. Unlike California (60 days)
  or Nebraska (30 days), Oregon sets no outer clock measured from the notarization; the only
  hard rule is "before death." Even so, record it promptly — the deed is useless until it is
  on file, and no one can record it for you once you have died.

Revoking it

The deed is fully revocable for the rest of your life. ORS 93.955 says it "is revocable
even if the deed or another instrument contains a contrary provision" — you cannot make it
irrevocable, and any promise that it is binding does not hold.

You revoke it the same way you made it: with a recorded instrument. Under ORS 93.965,
a revocation works "only if" it is acknowledged (notarized), recorded before your death, and
is one of three things — a later transfer on death deed, an express instrument of revocation,
or an inter vivos deed conveying the property away. And § 93.965(4) makes clear that once the
deed is recorded, you cannot revoke it by a "revocatory act on the deed" — tearing up or
crossing out your recorded copy does nothing.

Eligible property and owner

A transfer on death deed can cover any interest in Oregon real property — "an interest in
real property located in this state" (ORS 93.949) — and unlike California, Oregon does
not cap it to a small residential category. The transferor must be an individual (§
93.953); an entity cannot make one.

The deed passes only your own interest, and it yields to survivorship. Under ORS
93.969(3), if you own the home as a joint owner (joint tenancy or tenancy by the entirety)
and you die survived by another joint owner, "the property subject to a transfer on death
deed belongs to the surviving joint owners with a right of survivorship" — the co-owner's
survivorship wins, and your transfer on death deed becomes effective only if you are the last
surviving joint owner.

Beneficiary survival and what passes

Under ORS 93.969(1), the beneficiary's interest passes to them "if the designated
beneficiary survives the transferor" and "lapses if the designated beneficiary does not
survive the transferor." So if the person you named dies before you and you never record a
new deed, the gift fails. You can guard against that by naming an alternate beneficiary
under § 93.953, who takes only if the primary does not survive you.

If you name more than one beneficiary to share the property, they "are transferred ... in
equal and undivided shares with no right of survivorship," and if one of their shares lapses,
it "is transferred to the remaining designated beneficiaries." Whoever inherits takes the
home subject to what is already on it: § 93.969(2) passes the property subject to every
"mortgage, lien and other interest" of record at your death, and § 93.969(4) transfers it
"without covenant or warranty of title." A transfer on death deed does not wipe out the
mortgage — your beneficiary inherits the house and the loan against it.

Creditor and Medicaid reach

A transfer on death deed avoids probate; it does not put the home beyond your debts. During
your life, ORS 93.967 says the deed does not affect your rights or your creditors'
rights, does not "create a legal or equitable interest in favor of the designated
beneficiary," and does not affect "the eligibility of the transferor or a designated
beneficiary for any form of public assistance or medical assistance."

After you die, the property is still reachable. Under ORS 93.973, your estate "may
enforce a liability against property transferred ... by a transfer on death deed" to pay
allowed creditor claims and a surviving spouse's or child's statutory allowance, "to the
extent that the probate estate of the transferor is insufficient" — but only if a proceeding
is brought within 18 months of your death. And § 93.969(2) specifically keeps the home
subject to "a claim or lien by a state authorized to seek reimbursement for public assistance
or medical assistance" — that is Medicaid estate recovery, so Oregon can still pursue the
property for benefits it paid on your behalf if your probate estate cannot cover them.

What trips people up

• Recording before death is the whole ballgame. The deed is worthless until it is
  recorded, and it cannot be recorded after you die. Record it right after notarizing.
• A will cannot revoke a recorded transfer on death deed. You revoke it only with a
  recorded instrument under § 93.965 — a new deed, an instrument of revocation, or a lifetime
  transfer. Writing "I revoke my TOD deed" in your will does not work, because the will never
  reaches the county deed records.
• Joint ownership beats the deed. If you hold the home in joint tenancy or tenancy by the
  entirety with someone who outlives you, § 93.969(3) gives the property to the surviving
  co-owner by survivorship; your transfer on death deed only takes effect if you are the last
  owner standing.
• Divorce revokes a gift to your ex. By statute (ORS 93.981), a divorce or annulment
  after you record the deed automatically cancels any provision in favor of the former
  spouse, as though they had not survived you.

Common questions

Does my beneficiary have to agree, or even know? No. Under ORS 93.963 the deed is
effective without "notice or delivery to, or acceptance by, the designated beneficiary during
the transferor's life," and without any payment. You do not have to tell them.

Do I need witnesses or a lawyer? No witnesses — Oregon requires only your notarized
signature on a recordable deed. A lawyer is not legally required, but the capacity standard is
the same as making a will, and mistakes are only discovered after death, when they cannot be
fixed.

Can I name a backup in case my first choice dies before me? Yes. Name an alternate
beneficiary under § 93.953; the alternate takes only if no primary beneficiary survives you.
Without one, a beneficiary who dies before you causes the gift to lapse into your estate.

Is a transfer on death deed better than a living trust? They do different jobs. The deed
is cheaper and simpler for a single home, but it moves only that property and exposes it to
creditor and Medicaid claims after death. A trust can hold many assets and manage them if you
become incapacitated. Which fits depends on your situation.

Statutes and sources

• ORS 93.948 (short title — Uniform Real Property Transfer on Death Act) — https://www.oregonlegislature.gov/bills_laws/ors/ors093.html (accessed 2026-07-11)
• ORS 93.949 (definitions: "property," "transferor") — https://www.oregonlegislature.gov/bills_laws/ors/ors093.html (accessed 2026-07-11)
• ORS 93.953 (authority; primary and alternate beneficiaries) — https://www.oregonlegislature.gov/bills_laws/ors/ors093.html (accessed 2026-07-11)
• ORS 93.955 (deed is always revocable) — https://www.oregonlegislature.gov/bills_laws/ors/ors093.html (accessed 2026-07-11)
• ORS 93.959 (capacity — same as making a will; 18-month contest window) — https://www.oregonlegislature.gov/bills_laws/ors/ors093.html (accessed 2026-07-11)
• ORS 93.961 (requirements: recordable-deed formalities, name the beneficiary, record before death) — https://www.oregonlegislature.gov/bills_laws/ors/ors093.html (accessed 2026-07-11)
• ORS 93.963 (effective without notice, delivery, acceptance, or consideration) — https://www.oregonlegislature.gov/bills_laws/ors/ors093.html (accessed 2026-07-11)
• ORS 93.965 (revocation only by a recorded instrument) — https://www.oregonlegislature.gov/bills_laws/ors/ors093.html (accessed 2026-07-11)
• ORS 93.967 (no effect during life; no interest in beneficiary) — https://www.oregonlegislature.gov/bills_laws/ors/ors093.html (accessed 2026-07-11)
• ORS 93.969 (effect at death: survival, multiple beneficiaries, subject to liens and Medicaid claim, joint-owner survivorship) — https://www.oregonlegislature.gov/bills_laws/ors/ors093.html (accessed 2026-07-11)
• ORS 93.973 (estate's claim against the property; 18-month deadline) — https://www.oregonlegislature.gov/bills_laws/ors/ors093.html (accessed 2026-07-11)
• ORS 93.981 (divorce or annulment revokes a gift to the former spouse) — https://codes.findlaw.com/or/title-10-property-rights-and-transactions/or-rev-st-sect-93-981/ (accessed 2026-07-11)