Skip to content
Not available in this state

Lady Bird Deeds in Oregon

Short answer: no. Oregon does not recognize lady bird deeds, and recording one may not do what you're hoping. Here is what works here instead.

Reviewed September 1, 2026

Oregon does not recognize lady bird deeds

Oregon has no statute and no settled practice recognizing them, so what one would do here is uncertain, and title companies may not rely on it. Deedly does not prepare one for Oregon; the alternatives below are the reliable routes.

Why Oregon does not have them

Lady Bird deeds, enhanced life estate deeds, are recognized in 6 states: Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers. Elsewhere there is no statute or settled practice for the combination of a life estate and an unrestricted power to sell, so how a court or title company would treat one is uncertain.

What Oregon homeowners use instead

There are working alternatives in Oregon:

Other ways to avoid probate in Oregon

  • A revocable living trust. The most flexible option. It costs more up front (typically $1,000–$3,000) but it covers everything you own, not just one property.
  • Survivorship titling. Oregon recognizes tenancy by the entirety for married couples and registered domestic partners (ORS 106.340). The survivor takes the whole property automatically, and neither spouse can destroy the other's right of survivorship. It is not a creditor shield, though: a creditor of one spouse can take that spouse's interest, including the right to the whole property if that spouse outlives the other, and a federal tax lien can force a sale of the whole property (In re Pletz, 221 F.3d 1114 (9th Cir. 2000)).
  • Simple estate affidavit. Oregon's simple estate affidavit (ORS 114.505 to 114.560), filed with the probate court, can pass an estate with no more than $75,000 of personal property and no more than $200,000 of real property and manufactured homes, valued at fair market value without subtracting mortgages or other liens (ORS 114.510).
Create my Oregon transfer-on-death deed

$49, one time. The probate-avoidance deed Oregon does recognize, with the state's witness rules, margins, and recording instructions already applied. You read the finished document before you pay.

Common questions

A county office might physically accept and index the document, but recording is not the same as validity. With no statute or settled practice behind it in Oregon, there is no assurance a court or title company would give it the effect you intended. Use one of the alternatives above instead.

Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers.

For a single property, survivorship titling is the cheapest. It costs one deed and one recording fee. For everything else, a revocable living trust is the standard route: more expensive up front, but it covers your whole estate and stays private. A probate attorney in Oregon can tell you which fits your situation in a single consultation.

Deedly is not a law firm

Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.