Oregon life estate deed
A life estate deed passes your Oregon property to the people you name without probate, while you keep the right to live in it for life. Unlike a transfer-on-death deed, it cannot be undone once it is signed and delivered. Here is exactly what Oregon requires, what it costs, and where to file it.
- Recording office
- County Clerk (Recording Division)
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 3.5″ top
- Recording fee
- ~$86 first page
- E-recording
- Approved submitters
What a life estate deed does in Oregon
A traditional life estate deed splits ownership across time. You, the life tenant, keep the right to live in and use the property for the rest of your life. The remaindermen you name own everything after that, and their interest vests the moment the deed is delivered; recording protects it against later buyers and creditors. Because their interest is real and present, you can't sell, refinance, or undo the deed without their signatures. That permanence is the whole difference between this and a lady bird deed.
The Oregon law behind this deed
Oregon has no section written specifically for life estate deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.
| What it governs | Citation |
|---|---|
| Conveyances generally | ORS § 93.010 |
| Recording with the County Clerk (Recording Division) | ORS §§ 205.232 to 205.238 and 205.327 (recording requirements) and 93.640 (effect of recording) |
Less common in Oregon
Life estate deeds are valid here but used less often than in other states. Read the limitations below carefully before choosing one.
When Oregon homeowners use a life estate deed
- Pass a home to children while reserving the right to live there for life
- Start the Medicaid look-back clock on a transfer (state rules vary)
- Avoid probate on the property with a simple, long-established instrument
- Provide for a surviving spouse or partner with the remainder going to your own children
What Oregon requires on the deed
These are the execution and formatting rules county clerks enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Oregon says |
|---|---|
| Recording office | County Clerk (Recording Division) |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Not required. Oregon requires instead the tax-statement mailing address (ORS 93.260) and the return-to name and address (ORS 205.234(1)(c)), both on page one. Deedly prints those, and the grantee's mailing address too. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3.5-inch clear space at the top of page one, 1-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Timing | Takes effect when signed and delivered. Record it promptly: an unrecorded deed does not protect the people you named against a later buyer, lender, or creditor. |
How to complete and record it in Oregon
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Clerk (Recording Division) can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with the wording, notary certificate, and 3.5-inch first-page margin used for Oregon deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Record it with the County Clerk (Recording Division)File in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
- Tell the people you named where it isAt your death they record a certified short-form death certificate, the version without the cause of death, to show that your life estate has ended. An Oregon recording office may not record one that shows the medical cause of death (ORS 432.355). Ask your insurer whether they should be added to the policy now.
What it costs in Oregon
| Cost | Typical amount |
|---|---|
| Recording fee | About $86 for the first page and roughly $5 per additional page |
| Transfer tax | None in this state |
| Notary | An Oregon notary may charge at most $10 per notarial act ($25 for one performed remotely by communication technology), plus a travel fee only if it is explained and agreed in advance (ORS 194.400). |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
Oregon imposes no state real estate transfer tax and bars new local ones. Washington County's grandfathered tax of $1 per $1,000 of the selling price applies to deeds there: pay it or file the county's exemption application within 15 days after recording. Elsewhere the recording fee is normally your only cost beyond notarization.
Where to record it in Oregon
Oregon deeds are recorded with the County Clerk (Recording Division) in the county where the property sits, not where you live. There are 36 counties in Oregon.
Many Oregon recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
Recording offices we cover in Oregon: Multnomah, Washington, Clackamas, Lane, Marion, Jackson, Deschutes, Linn. See all Oregon recording offices.
What a life estate deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- It is not revocable. Once recorded, you can't sell or mortgage the property without every remainderman signing.
- A remainderman's divorce, bankruptcy, or judgment creditor can attach their interest in your home while you're still living in it.
- Because you keep the right to live there for life, the full value is still counted in your estate for federal tax purposes (26 U.S.C. § 2036). That generally gives the remaindermen a stepped-up basis at your death, but it also means the deed does not shrink a taxable estate.
- It is usually treated as a divestment for Medicaid purposes. Get advice before using it for that purpose.
Quirks of Oregon law that catch people out
- Oregon sets no statutory margin. Each county asks for a blank area on page one for its recording label: 4 × 2 inches in Multnomah and Clackamas, 3 × 3 inches in the top right corner in Washington, and 1.5 × 4 inches in Lane. In Multnomah and Washington counties, a deed without that space costs $5 more for an added page. Deedly leaves the top 3.5 inches of page one clear, which fits each of these labels.
- Oregon deeds must include a statutory warning about land use laws (ORS § 93.040) for most transfers. Deedly includes it automatically.
- Oregon has no statewide transfer tax and bars new local ones. Washington County has its own grandfathered tax of $1 per $1,000 of the selling price.
- Oregon recognizes transfer-on-death deeds under ORS 93.948.
- A conveyance to a married couple creates a tenancy by the entirety by default.
$49, one time. Your finished deed appears in full before you pay, with Oregon's witness rules, margins, and recording instructions already applied.
Common questions
No. Oregon has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Clerk (Recording Division). Deedly produces all of that for $49, versus roughly $150–$700 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $86 for the first page and roughly $5 per additional page. Oregon has no state real estate transfer tax, so the recording fee is normally the whole cost. A one-page deed costs $86 in Multnomah, Washington and Marion counties, $102 in Lane and Deschutes, and $113 in Clackamas (2026 schedules). The fee is $5 a page (ORS 205.320), plus $71 in state fees on each document (ORS 205.323), plus the county's public land corner preservation fee, and some counties add local fees. Lane and Deschutes raised theirs on July 1, 2026. Confirm with your county before you mail a check.
No. Oregon requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the County Clerk (Recording Division) in the county where the property is located, not where you live, and not where the buyer lives. Oregon has 36 counties. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
No. Once a life estate deed is signed and delivered, the remaindermen hold a present interest and you can't sell, mortgage, or undo it without every one of them signing. If you want to keep control, look at a transfer-on-death deed instead.
Yes, for this property. On your death the property passes directly to the people you named, outside probate. They then record proof of your death with the County Clerk (Recording Division) so the public record shows the change. It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
Keep reading
- Oregon quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Oregon general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Oregon special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Oregon transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- All deed rules for OregonRecording offices, transfer tax, witness rules, and fees.
- Oregon recording officesWhere to file in each county.
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.