ORS 93.948 to 93.979 may be cited as the Uniform Real Property Transfer on Death Act. [2011 c.212 §1] Note: 93.948 to 93.985 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon […]
As used in ORS 93.948 to 93.979: (1) “Beneficiary” means a person that receives property under a transfer on death deed. (2) “Designated beneficiary” means a person designated to receive property in a transfer on death deed. (3) “Joint owner” means a joint tenant, a tenant by the entirety and any other co-owner of property […]
ORS 93.948 to 93.979 apply to a transfer on death deed made before, on or after January 1, 2012, by a transferor dying on or after January 1, 2012. [2011 c.212 §3] Note: See note under 93.948.
ORS 93.948 to 93.979 do not affect any method of transferring property otherwise permitted by the law of this state. [2011 c.212 §4] Note: See note under 93.948.
(1) An individual may transfer property to one or more designated beneficiaries effective at the transferor’s death by a transfer on death deed. (2) The individual may designate one or more: (a) Primary beneficiaries; and (b) Alternate beneficiaries who take the property only if none of the primary beneficiaries is qualified or survives the transferor. […]
A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. [2011 c.212 §6] Note: See note under 93.948.
A transfer on death deed is nontestamentary. [2011 c.212 §7] Note: See note under 93.948.
(1) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will. (2) A transfer on death deed or an instrument revoking a transfer on death deed that is procured by fraud, duress or undue influence is void. (3) A proceeding must be […]
(1) A transfer on death deed: (a) Except as provided otherwise in paragraph (b) of this subsection, must contain the essential elements and formalities of a properly recordable inter vivos deed; (b) Must state that the transfer to the designated beneficiary is to occur at the transferor’s death; (c) Must identify the designated beneficiary by […]
A transfer on death deed is effective without: (1) Notice or delivery to, or acceptance by, the designated beneficiary during the transferor’s life; or (2) Consideration. [2011 c.212 §10] Note: See note under 93.948.
(1) An instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: (a) Is acknowledged by the transferor after the transferor acknowledges the deed to be revoked; (b) Is recorded before the transferor’s death in the deed records of the county in which the property […]
During a transferor’s life, a transfer on death deed does not: (1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property; (2) Affect an interest or right of a designated beneficiary, even if the designated beneficiary has actual or constructive notice of the […]
(1) Except as provided otherwise in the transfer on death deed and subject to ORS 107.115, 112.455 to 112.555 or 112.570 to 112.590 and ORS 93.981, 93.983 and 93.985, when a transferor dies, the following rules apply to property that is subject to a transfer on death deed and owned by the transferor at death: […]
A beneficiary may disclaim all or part of the beneficiary’s interest as provided by ORS 105.623 to 105.649. [2011 c.212 §14] Note: See note under 93.948.
(1) A transferor’s estate may enforce a liability against property transferred at the death of the transferor by a transfer on death deed to the extent that the probate estate of the transferor is insufficient to satisfy: (a) A claim allowed or established by summary determination or separate action under ORS 114.505 to 114.560 or […]
ORS 93.948 to 93.979 govern the effect of an instrument used to create a transfer on death deed. The following form may be used to create a transfer on death deed: ______________________________________________________________________________ TRANSFER ON DEATH DEED NOTICE TO OWNER You should carefully read all information on this form. You may want to consult a lawyer […]
ORS 93.948 to 93.979 govern the effect of an instrument used to revoke a transfer on death deed. The following form may be used to create an instrument revoking a transfer on death deed: ______________________________________________________________________________ INSTRUMENT REVOKING TRANSFER ON DEATH DEED NOTICE TO OWNER This instrument revoking a transfer on death deed must be recorded […]
ORS 93.948 to 93.979 modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but do not modify, limit or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of a notice described in 15 U.S.C. 7003(b). [2011 c.212 §18] Note: See note under 93.948.
Unless a transfer on death deed provided for under ORS 93.948 to 93.979 evidences a different intent of the transferor, the divorce or annulment of the marriage of the transferor after the recording of the transfer on death deed revokes all provisions in the transfer on death deed in favor of the former spouse of […]
(1) Property that would pass by transfer on death deed under ORS 93.948 to 93.979 from a deceased transferor to a parent of the deceased transferor shall pass and be vested as if the parent had predeceased the transferor if the person who would be benefited by the forfeiture is a child or sibling of […]
