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Transfer on Death Deed Laws in Oregon

Oregon allows transfer on death deeds under the Uniform Real Property Transfer on Death Act, and the deed must name the beneficiary and be recorded with the county clerk before the owner's death.

Last checked . General information, not legal advice.

Oregon at a glance

TOD deed allowed
Yes
Uniform act adopted
Yes
ORS 93.948 to 93.979.
Recording rule
Before the owner's death
Recorded in the deed records of the county clerk. The beneficiary must be named; a class-only designation is void.

Sources

Last checked

The rules in Oregon

Does Oregon allow transfer on death deeds for real estate?

Yes. TOD deed allowed in Oregon: yes.

Has Oregon adopted the Uniform Real Property Transfer on Death Act?

Yes. Uniform act adopted in Oregon: yes. ORS 93.948 to 93.979.

When must a transfer on death deed be recorded in Oregon?

Recording rule in Oregon: Before the owner's death. Recorded in the deed records of the county clerk. The beneficiary must be named; a class-only designation is void.

Where do the Oregon transfer on death deed laws come from?

The rules above come from Or. Rev. Stat. 93.948, Or. Rev. Stat. 93.959 and Or. Rev. Stat. 93.961. Each source is linked on this page. We last checked them in October 2026.

Good to know

A lawsuit contesting capacity or claiming fraud, duress or undue influence must be started within 18 months after the owner's death (ORS 93.959).

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.