OR TOD Deed Forms
OR TOD Deed Forms
Looking for an Oregon Transfer on Death Deed form? Our downloadable Oregon TOD deed template provides a straightforward way to transfer real estate to your beneficiaries without going through probate court.
Download Your Oregon TOD Deed Template Now - $18
An Oregon Transfer on Death Deed (also called an Oregon TOD deed) is a legal document that allows Oregon property owners to name beneficiaries who will automatically inherit their real estate upon death—without the time, expense, and complexity of probate.
✔ Instant Download – Get immediate access to your Oregon Transfer on Death Deed PDF
✔ Multiple Formats – Available as editable MS Word, fillable PDF, and Google Doc
✔ Easy to Use – Includes step-by-step instructions for completing your deed
✔ Legally Compliant – Formatted to meet Oregon Revised Statutes § 93.948 requirements
✔ Affordable – Just $18 for complete access to all formats
Oregon Transfer on Death Deed form (Word, PDF, and Google Doc formats)
Editable Oregon TOD deed template you can customize
Fillable Oregon Transfer on Death Deed PDF for easy completion
Step-by-step instructions for proper execution
Recording guidelines for Oregon counties
Access to our organized course platform with all templates
Avoid Probate – Your property transfers directly to your named beneficiaries without court involvement
Retain Full Control – You maintain complete ownership and can sell, mortgage, or revoke the deed at any time during your lifetime
No Gift Tax – Since the transfer doesn't occur until death, there are no gift tax consequences
Simple & Affordable – Much less expensive than setting up a trust or going through probate
Flexibility – Easy to revoke or modify if your circumstances change
Privacy – Unlike a will, TOD deeds don't become public record during probate
Cost Savings – Avoid thousands of dollars in probate attorney fees and court costs
No Immediate Transfer Tax – Transfer occurs at death, so no transfer tax at recording
Complete the Form – Fill out our Oregon Transfer on Death Deed template with your property information and beneficiary details
Sign Before a Notary – The deed must be notarized (notary services not included)
Record the Deed – File with your County Recorder or County Clerk's office before your death
Maintain Control – You retain all ownership rights during your lifetime
Automatic Transfer – Upon your death, property passes directly to your named beneficiaries
Must be recorded with the County Recorder or County Clerk where the property is located
Must be recorded before the owner's death (cannot be recorded after death)
Must be notarized
Must contain the legal description of the property
Must include the property's tax lot number
Must clearly identify the beneficiary(ies) with full names
Must include the proper statutory language per Oregon ORS § 93.948
Must state "This deed transfers an interest on the death of the owner" or similar statutory language
Must comply with Oregon's formatting and margin requirements
Requires Real Property Transfer Declaration Form or exemption claim at recording
Our Oregon TOD deed form is ideal for:
Homeowners who want to avoid probate
Property owners with straightforward estate plans
Individuals looking for an affordable alternative to trusts
Those who want to maintain control of their property during their lifetime
Families seeking to simplify the inheritance process
Coastal and rural property owners
Vacation home and second home owners
Retirees planning their estate distribution
Get instant access to your Oregon Transfer on Death Deed form download for just $18. Available in editable Word format, fillable PDF, and Google Docs for maximum convenience.
Q: Is an Oregon Transfer on Death Deed valid?
A: Yes, Oregon officially recognizes Transfer on Death Deeds under ORS § 93.948 et seq., effective since 2012.
Q: Can I change or revoke my Oregon TOD deed?
A: Absolutely. You can revoke or modify your TOD deed at any time during your lifetime by recording a revocation or new deed with the County Recorder or County Clerk.
Q: Does an Oregon TOD deed affect Medicaid eligibility?
A: Generally, TOD deeds do not affect Medicaid eligibility since you retain ownership during your lifetime. However, Oregon has Medicaid estate recovery rules, so consult with an elder law attorney for your specific situation.
Q: Do I need an attorney to complete an Oregon Transfer on Death Deed?
A: While not required, you may wish to consult an attorney for complex situations. Our downloadable Oregon TOD deed template includes instructions for straightforward transfers.
Q: Can I name multiple beneficiaries on an Oregon TOD deed?
A: Yes, you can name multiple beneficiaries and specify whether they receive equal shares or different percentages. You can also name alternate beneficiaries.
Q: What happens if my beneficiary dies before me?
A: If a beneficiary dies before you, their share typically goes to the surviving beneficiaries unless you've named alternate beneficiaries. It's best to update your deed if circumstances change.
Q: How much does it cost to record an Oregon TOD deed?
A: Recording fees vary by county, typically ranging from $40-$75 for the first page plus fees for additional pages. Check with your local County Recorder or County Clerk's office.
Q: Do beneficiaries need to do anything after my death?
A: Yes, beneficiaries must record an affidavit of death and provide a certified copy of the death certificate to complete the transfer. Our instructions include guidance on this process.
Q: Will an Oregon TOD deed work if I have a mortgage?
A: Yes, the TOD deed doesn't affect your mortgage. However, beneficiaries will inherit the property subject to any existing liens or mortgages.
Q: Can married couples use an Oregon TOD deed?
A: Yes, married couples can create a joint TOD deed. Both spouses must sign if the property is held as tenants by the entirety or joint tenants.
Editable Word Document – Fully customizable Oregon TOD deed template in MS Word format
Fillable PDF – Complete your Oregon Transfer on Death Deed PDF digitally
Google Docs – Cloud-based access to edit your Oregon TOD deed form from anywhere
Transfer on Death Deed:
Simple, one-time recording
Costs $18 + recording fee
Easy to revoke or modify
Only covers one property per deed
Remains revocable until death
Public record once recorded
Living Trust:
More complex setup
Attorney fees typically $1,500-$3,500+
Can cover multiple assets
Ongoing management required
Provides more comprehensive planning
Private document
For single-property owners, an Oregon TOD deed is often the most cost-effective probate-avoidance solution.
If you'd prefer expert assistance with your property transfer, you can upgrade to our complete deed preparation service at any time—and we'll credit back the full $18 cost of this template toward your service fee.
Our Oregon Transfer on Death Deed form is valid in all 36 Oregon counties, including:
Multnomah County (Portland)
Washington County (Hillsboro)
Clackamas County (Oregon City)
Lane County (Eugene)
Marion County (Salem)
Jackson County (Medford)
Deschutes County (Bend)
Linn County (Albany)
Douglas County (Roseburg)
Yamhill County (McMinnville)
Benton County (Corvallis)
Polk County (Dallas)
Columbia County (St. Helens)
Josephine County (Grants Pass)
Umatilla County (Pendleton)
Klamath County (Klamath Falls)
Coos County (Coquille)
Lincoln County (Newport)
Tillamook County (Tillamook)
Hood River County (Hood River)
Clatsop County (Astoria)
Crook County (Prineville)
Jefferson County (Madras)
Curry County (Gold Beach)
And all other Oregon counties
Joint Ownership – If property is owned by multiple people (joint tenants or tenants by the entirety), all owners must sign the TOD deed.
Medicaid Recovery – Oregon has a Medicaid estate recovery program. Consult with an elder law attorney if you've received long-term care assistance through Oregon Health Plan.
Property Tax – Generally no property tax reassessment upon inheritance under Measure 50, preserving favorable tax treatment for beneficiaries.
Recording Timing – The TOD deed must be recorded BEFORE death to be valid. It cannot be recorded after the owner passes away.
Statutory Language Required – Oregon requires specific language: "This deed transfers an interest on the death of the owner" or similar statutory wording.
Real Property Transfer Declaration – Required at recording (or claim exemption for estate planning transfers).
Multiple Properties – Each property requires a separate TOD deed.
Our comprehensive instructions guide you through:
Determining if a TOD deed is right for your situation
Gathering required property information and tax lot number
Completing the Oregon TOD deed form
Choosing and naming beneficiaries (primary and alternate)
Properly executing the document
Understanding notarization requirements
Completing the Real Property Transfer Declaration Form
Filing with your County Recorder or County Clerk
What beneficiaries need to do after your death
How to revoke or modify the deed if needed
No State Transfer Tax – Oregon has no state real estate transfer tax
Federal Estate Tax – Federal exemption is over $13 million per person (2024), indexed for inflation
Property Tax – Generally no property tax reassessment upon inheritance; Measure 50 protections typically continue
Capital Gains – Beneficiaries receive a "step-up" in basis to fair market value at date of death, minimizing capital gains tax
Gift Tax – No gift tax consequences since transfer occurs at death, not during lifetime
Oregon Estate Tax – Oregon has a state estate tax with a $1 million exemption (lower than federal), so larger estates should consult an estate planning attorney
Portland Transfer Tax – For Portland properties, the 1% city transfer tax may apply when beneficiaries later sell (not at death transfer)
Consult a tax professional or estate planning attorney for advice specific to your situation
✓ Oregon-Specific – Complies with all ORS § 93.948 requirements
✓ Statutory Language – Includes required "This deed transfers an interest on the death of the owner" language
✓ Proper Formatting – Meets Oregon's margin and spacing requirements
✓ Up-to-Date – Reflects current Oregon law
✓ Professionally Drafted – Created by legal document preparation experts
✓ Easy to Customize – Clear blanks for your specific information
✓ Detailed Instructions – Step-by-step guidance included
✓ Multiple Formats – Work in the format that suits you best
✓ Instant Access – Download immediately after purchase
❌ Not recording before death – The deed must be recorded while you're alive
❌ Incomplete legal description – Must match your current deed exactly
❌ Missing tax lot number – Required in Oregon
❌ Omitting statutory language – Must include required transfer-at-death language
❌ Missing notarization – Required for recording
❌ Not all joint owners signing – All owners must sign if jointly owned
❌ Forgetting about mortgages – Beneficiaries inherit subject to loans
❌ Not updating after life changes – Review and update as circumstances change
❌ Missing Real Property Transfer Declaration – Required or must claim exemption
❌ Using for multiple properties – Each property needs its own deed
Our Oregon Transfer on Death Deed template includes detailed instructions to help you avoid these common pitfalls.
When naming beneficiaries on your Oregon TOD deed, you can specify:
Equal Shares – All beneficiaries receive equal portions
Unequal Shares – Specify different percentages for each beneficiary
Tenants in Common – Default option; beneficiaries own separate shares
Joint Tenants with Right of Survivorship – Can specify if desired
Alternate Beneficiaries – Name backup beneficiaries in case primary beneficiaries predecease you
Successive Beneficiaries – Name who receives property if primary beneficiary disclaims or predeceases
Our template allows you to customize these options based on your estate planning goals.
You can revoke your Oregon TOD deed at any time by:
Recording a Revocation – File a formal revocation instrument with the County Recorder or County Clerk
Recording a New TOD Deed – A later TOD deed revokes an earlier one for that property
Selling or Transferring the Property – Automatically revokes the TOD deed
Recording a Deed Without TOD Language – Transfers property and revokes TOD designation
All revocations must be recorded before your death to be effective. Our package includes guidance on revocation procedures.
When the owner passes away, beneficiaries must:
Obtain Certified Death Certificate – Get multiple copies from Oregon vital records
Prepare Affidavit of Death – Document that confirms the owner has died
Gather Supporting Documents – May need will or other estate documents
Record Documents – File affidavit and death certificate with County Recorder or County Clerk
Complete Transfer – Property title transfers to beneficiaries
Pay Any Liens – Address existing mortgages or property taxes
Update Property Tax Records – Notify county assessor of ownership change
File Oregon Estate Tax Return – If estate exceeds $1 million threshold
The transfer is typically completed within a few weeks, compared to 6-18 months for probate.
Our instructions include detailed post-death procedures for beneficiaries.
Oregon's TOD deeds are especially popular for:
Coastal Properties – Beach homes and oceanfront properties from Astoria to Brookings
Mountain Properties – Cascade Range vacation homes and ski properties
Willamette Valley Properties – Homes, farms, and vineyard land
Central Oregon Properties – Bend, Sunriver, and High Desert real estate
Southern Oregon Properties – Medford, Ashland, and Rogue Valley homes
Columbia Gorge Properties – Hood River and scenic gorge properties
Rural Land – Farms, ranches, and timberland throughout Oregon
Important: If you own property as joint tenants with right of survivorship:
The property automatically passes to surviving joint tenant(s) at your death
Your TOD deed only takes effect if you're the last surviving owner
All joint tenants should sign the TOD deed to designate beneficiaries
Alternatively, convert to tenancy in common first, then use TOD deeds
Our instructions explain these nuances in detail.
Oregon recognizes tenancy by the entirety for married couples. If you hold property this way:
Both spouses must sign the TOD deed
Property has automatic right of survivorship
Creditor protection benefits
TOD deed specifies what happens when both spouses are deceased
This combination provides both probate avoidance and creditor protection during life.
Important: Oregon has a state estate tax with a $1 million exemption (much lower than the federal $13+ million exemption).
If your estate exceeds $1 million:
Oregon estate tax may apply (rates from 10-16%)
TOD deeds are included in your taxable estate
Beneficiaries are responsible for any estate tax due
Consider consulting an estate planning attorney
For most Oregonians, the $1 million threshold means careful estate planning is important.
One major advantage of Oregon TOD deeds: property tax benefits are generally preserved.
Under Measure 50:
Annual assessed value increases capped at 3%
Transfers at death typically don't trigger reassessment
Beneficiaries inherit favorable property tax basis
Significant savings compared to states that reassess at transfer
This makes Oregon TOD deeds especially valuable for properties with low assessed values.
Oregon counties use either County Recorder or County Clerk for recording:
County Recorder (most counties):
Multnomah, Washington, Clackamas
Lane, Marion, Jackson, Deschutes
Most larger counties
County Clerk (some counties):
Smaller and rural counties
May handle both recording and clerk duties
Recording fees typically $40-$75 for first page plus fees for additional pages.
Need other Oregon property forms? We also offer:
Oregon Quitclaim Deeds – Quick transfers between trusted parties
Oregon Bargain and Sale Deeds – Standard Oregon deed for most sales
Oregon Warranty Deeds – Full warranty protection
Oregon Trust Deeds – Secure property financing
Oregon's TOD deed statute provides excellent probate-avoidance benefits:
✓ Clear statutory authority since 2012 ✓ Simple execution – just notarization required ✓ Easy revocation process ✓ Preserves Measure 50 property tax benefits ✓ No state transfer tax ✓ Widely accepted by title companies ✓ Simple for beneficiaries to complete transfer ✓ Works with all types of real property ✓ Compatible with tenancy by the entirety
Download your Oregon Transfer on Death Deed form today and take control of your estate planning. For just $18, you'll have everything you need to transfer your Oregon property to your loved ones without the hassle and expense of probate—while preserving valuable Measure 50 property tax benefits!
Whether you own property in:
Portland metro area
Eugene or Salem
Bend and Central Oregon
Oregon Coast
Southern Oregon
Columbia Gorge
Rural Oregon
Our Oregon TOD deed template provides an affordable, effective way to avoid probate and ensure your property passes smoothly to your chosen beneficiaries.
Download Your Oregon TOD Deed Template Now - $18
Legal Disclaimer
These templates are provided by Noble Notary & Legal Document Preparers for general informational use only. We are not attorneys, and no attorney-client relationship is created by your purchase. The forms are not a substitute for legal advice and may not be appropriate for every situation. You are solely responsible for ensuring the forms are lawful and appropriate for your specific circumstances.
Forms are provided "as-is," without warranties of any kind. By purchasing, you agree that Noble Notary & Legal Document Preparers is not liable for any outcomes resulting from your use of these materials.
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