Oregon transfer-on-death deed
A transfer-on-death deed lets you name who inherits your Oregon property without probate, while you keep full control, including the power to sell or mortgage it without anyone's signature. 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 transfer-on-death deed does in Oregon
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado and Missouri) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate. Your beneficiaries then record the documents your state requires to show them as the owners; in a few states that filing has a deadline, or is what completes the transfer.
In Oregon the governing statute is ORS § 93.948 et seq.
The Oregon law behind this deed
Start with ORS § 93.948 et seq. if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Transfer-on-death deeds specifically | ORS § 93.948 et seq. |
| 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) |
When Oregon homeowners use a transfer-on-death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
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 | Must be recorded before the owner's death. Recording it afterwards has no effect. |
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 your beneficiaries where it isAfter your death they record a certified short-form death certificate, the version without the cause of death, with the County Clerk (Recording Division) so the land records show them as the owners. An Oregon recording office may not record a death certificate that shows the medical cause of death (ORS 432.355). Oregon's transfer-on-death statute provides no affidavit of death.
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 transfer-on-death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only 34 states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If a beneficiary dies before you, what happens to their share depends on state law: in some states it passes to the other beneficiaries or to the beneficiary's descendants, in others it fails. Naming an alternate, where your state's form allows one, avoids the question.
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.
Yes. Transfer-on-death deeds are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
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 life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- 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.