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Homepage Printable Oregon Transfer-on-Death Deed Document
Content Overview

The Oregon Transfer-on-Death Deed form is a valuable tool for property owners looking to simplify the transfer of their real estate upon death. This legal document allows individuals to designate one or more beneficiaries who will automatically receive the property without going through probate. By using this form, property owners can maintain full control of their property during their lifetime, ensuring that their wishes are honored after they pass away. The form must be properly executed and recorded to be effective, and it can be revoked or changed at any time before the owner’s death. This flexibility makes the Transfer-on-Death Deed an attractive option for many. Additionally, it can help reduce the burden on loved ones during a difficult time, as they will not need to navigate the often complex probate process to claim the property. Understanding how to complete and utilize this form can empower property owners in Oregon to make informed decisions about their estate planning.

Similar forms

  • Will: A will outlines how a person's assets should be distributed after their death. Like a Transfer-on-Death Deed, it allows for the transfer of property but requires probate, whereas the deed does not.
  • Living Trust: A living trust holds assets during a person's lifetime and specifies how they are to be distributed after death. Both documents avoid probate, but a trust may require more management.
  • Beneficiary Designation: This document is often used for financial accounts and life insurance policies. Similar to a Transfer-on-Death Deed, it allows assets to pass directly to a named beneficiary without going through probate.
  • Joint Tenancy: Property held in joint tenancy automatically transfers to the surviving owner upon death. Like a Transfer-on-Death Deed, it bypasses probate, but it requires co-ownership during the owner's lifetime.
  • Payable-on-Death (POD) Accounts: These accounts allow the account holder to name a beneficiary who will receive the funds upon their death. This is similar to the Transfer-on-Death Deed in that it avoids probate.
  • Transfer-on-Death Registration for Securities: This allows individuals to designate a beneficiary for their securities. Both documents facilitate a direct transfer of assets without the need for probate.
  • Life Estate Deed: A life estate deed allows a person to retain rights to a property during their lifetime while designating a beneficiary for after their death. Both documents aim to simplify the transfer process.
  • Employee Handbook: To ensure clarity in workplace policies, refer to the comprehensive Employee Handbook guidelines for your organization.
  • Community Property with Right of Survivorship: This form of ownership allows a spouse to automatically inherit the other spouse's share of property upon death. Like the Transfer-on-Death Deed, it avoids probate and ensures a smooth transition of ownership.

Preview - Oregon Transfer-on-Death Deed Form

Oregon Transfer-on-Death Deed Template

This Transfer-on-Death Deed is made under the laws of the State of Oregon, specifically ORS 93.948. This legal document allows an owner of real property to designate a beneficiary who will receive the property upon the owner’s death, without going through probate.

Grantor: _______________________________________ (Full Name)
Address: _______________________________________
City, State, Zip: _______________________________________

Beneficiary: _______________________________________ (Full Name)
Address: _______________________________________
City, State, Zip: _______________________________________

Property Description:

Property is located at:

_______________________________________
_______________________________________

The Grantor hereby grants a Transfer-on-Death Deed to the above-referenced Beneficiary for the described property. This deed shall take effect upon the death of the Grantor.

IN WITNESS WHEREOF, the Grantor has executed this deed on the _____ day of ____________, 20__.

___________________________
Signature of Grantor

___________________________
Printed Name of Grantor

Notary Public:
State of Oregon
County of ______________________

Subscribed and sworn to before me this _____ day of ____________, 20__.

___________________________
Signature of Notary Public

My Commission Expires: _____________

Key takeaways

Filling out and using the Oregon Transfer-on-Death Deed form can be a straightforward process, but it is essential to understand the key aspects involved. Here are five important takeaways to consider:

  1. Purpose of the Deed: The Transfer-on-Death Deed allows property owners to transfer real estate to a designated beneficiary upon their death without going through probate.
  2. Eligibility: To use this deed, the property must be located in Oregon, and the owner must be an individual, not an entity like a corporation.
  3. Filling Out the Form: Accurate completion of the form is crucial. Include all required information, such as the property description and the beneficiary’s details.
  4. Recording the Deed: After signing the deed, it must be recorded with the county clerk’s office in the county where the property is located. This step is necessary for the transfer to be valid.
  5. Revocation: The property owner can revoke the Transfer-on-Death Deed at any time before their death by filing a revocation form with the county clerk.

Understanding these points can help ensure that your intentions regarding property transfer are honored, providing peace of mind for you and your loved ones.

PDF Overview

Fact Name Description
Definition The Oregon Transfer-on-Death Deed allows property owners to transfer real estate to beneficiaries upon their death without going through probate.
Governing Law The use of the Transfer-on-Death Deed in Oregon is governed by Oregon Revised Statutes, specifically ORS 93.948 to ORS 93.979.
Eligibility Any individual who holds title to real property in Oregon can execute a Transfer-on-Death Deed.
Revocation The deed can be revoked by the grantor at any time before death, provided that the revocation is executed in writing and recorded.
Beneficiary Designation Property owners may designate one or more beneficiaries in the deed, and they can also specify alternate beneficiaries.
Effectiveness The Transfer-on-Death Deed becomes effective immediately upon execution but does not transfer ownership until the death of the grantor.
Limitations The deed cannot be used for transferring property that is subject to a mortgage or other encumbrances without addressing those obligations.

Documents used along the form

When dealing with property transfers in Oregon, particularly through a Transfer-on-Death Deed, several other forms and documents may come into play. Understanding these documents can help ensure a smooth transition of property ownership and clarify the intentions of the parties involved. Here’s a list of essential forms that are often used alongside the Transfer-on-Death Deed.

  • Will: A legal document that outlines how a person's assets should be distributed after their death. It can include specific bequests and appoint an executor to manage the estate.
  • Living Trust: A trust created during a person's lifetime that holds assets for the benefit of designated beneficiaries. It can help avoid probate and provide more control over asset distribution.
  • Affidavit of Heirship: A sworn statement that establishes the heirs of a deceased person. This document can help clarify who is entitled to inherit property when there is no will.
  • Property Deed: A legal document that conveys ownership of real estate. It includes details about the property and the parties involved in the transaction.
  • Death Certificate: An official document that confirms a person's death. It is often required for processing claims related to the estate or transferring property.
  • Power of Attorney for a Child: This form allows a parent or guardian to designate another adult to make decisions for their child when they are unable to provide care. It is essential for ensuring a child's needs are attended to in the parent's absence, and you can find more information about this important document at Forms Georgia.
  • Beneficiary Designation Forms: These forms specify who will receive certain assets, such as life insurance policies or retirement accounts, upon the owner's death.
  • Real Estate Purchase Agreement: A contract between a buyer and seller outlining the terms of a real estate transaction. It includes details like the purchase price and closing date.
  • Power of Attorney: A legal document that grants someone the authority to act on behalf of another person in financial or legal matters. This can be useful if the property owner becomes incapacitated.
  • Title Insurance Policy: A policy that protects against losses related to property title issues. It ensures that the title is clear and free of liens or disputes.

Each of these documents plays a crucial role in estate planning and property transfer processes. Being familiar with them can aid in making informed decisions and ensuring that your wishes are honored in the event of a transfer of property ownership.