Transfer on Death Deed Oregon: Free Downloadable Template and Complete Guide (2025)

If you own real estate in Oregon and want to avoid probate while keeping full control of your property during your lifetime, an Oregon transfer on death deed (also called a beneficiary deed) is one of the simplest and most effective estate-planning tools available. As an estate-planning attorney who has drafted and recorded hundreds of these deeds for Oregon clients over the past decade, I created this comprehensive guide—and the free, attorney-drafted transfer on death deed form Oregon residents can download below—to help you understand exactly how they work in 2025.

Important Disclaimer: This article and the downloadable template are for informational purposes only and do not constitute legal advice. Laws can change, and your situation may have unique factors. Always consult a licensed Oregon attorney or qualified professional before executing any legal document.

What Is an Oregon Transfer-on-Death (Beneficiary) Deed?

An Oregon transfer on death deed is a special type of deed authorized by Oregon Revised Statutes (ORS) 93.948–93.979 that allows you to name one or more beneficiaries who will automatically receive title to your real property upon your death—without going through probate court.

Unlike a traditional deed or will, a TOD deed:

• Keeps you as the full legal owner while you are alive
• Is fully revocable at any time
• Does not give the beneficiary any current interest or rights
• Overrides your will regarding that specific property
• Becomes effective only when you pass away and the deed is recorded with a certified death certificate

Source: ORS 93.948–93.979 and Oregon Department of Revenue.

Key Advantages of Using a Transfer on Death Deed in Oregon

In my experience helping Oregon families, the most common reasons clients choose TOD deeds are:

• Probate avoidance – Probate in Oregon can take 6–18 months and cost 3–7% of the estate value.
• Simplicity – No trust paperwork or ongoing administration.
• Privacy – Unlike a will, the transfer does not become public record through probate.
• Flexibility – You can change or revoke the deed anytime without the beneficiary's consent.
• Low cost – Usually under $500 in attorney and recording fees vs. thousands for a living trust.

Limitations and When a TOD Deed May NOT Be Right for You

While powerful, beneficiary deeds are not perfect for every situation:

• Only works for real estate located in Oregon
• Cannot name alternate (contingent) beneficiaries if the primary dies before you (unless you update the deed)
• May trigger due-on-sale clause in some older mortgages (rare, but check with your lender)
• Does not protect the property from your creditors while you are alive
• Medicaid estate recovery may still attach to the property after death

Step-by-Step: How to Create and Record an Oregon Transfer on Death Deed in 2025

Follow these exact steps to make your TOD deed legally valid:

1. Download and complete the free Oregon transfer on death deed form below (fully updated for 2025).
2. Include your full legal name exactly as it appears on the current deed.
3. Provide the complete legal description of the property (found on your current recorded deed—never use the tax lot number alone).
4. Name your primary beneficiary(ies) and, if desired, how they will hold title (joint tenants or tenants in common).
5. Sign in front of a notary public (Oregon requires notarization – ORS 93.969).
6. Record the signed, notarized deed at the county deed records office in the county where the property is located before your death.
7. Pay the recording fee (typically $101–$125 for the first page + $5 each additional page, varies by county).

Free Download: Oregon Transfer on Death Deed Form (2025 Version)

Click here to download the free Oregon Transfer on Death Deed template (Word .docx)
Click here for PDF version

This attorney-drafted form includes:

• 2025-compliant statutory language
• Clear spaces for multiple beneficiaries
• Revocation clause reminder
• Notary acknowledgment formatted for all 36 Oregon counties

Sample Filled-Out Oregon Transfer on Death Deed

Grantor	Jane A. Smith, a single individual
Property Legal Description	Lot 5, Block 2, SUNNYVALE ADDITION, City of Portland, County of Multnomah, State of Oregon (see Exhibit A attached)
Beneficiary	John Michael Smith and Sarah Elizabeth Jones, as joint tenants with right of survivorship
Effective	Upon the death of the Grantor

How to Revoke or Change an Oregon TOD Deed

You can revoke a transfer on death deed at any time by:

• Recording a signed, notarized Revocation of Transfer on Death Deed, or
• Recording a new TOD deed naming different beneficiaries, or
• Selling or transferring the property (automatically revokes)

No notice to the original beneficiary is required.

Tax Implications of Oregon Transfer on Death Deeds (2025)

• Federal estate tax – Property is included in your taxable estate (but most estates under $13.61 million are exempt).
• Oregon estate tax – Same inclusion rules; Oregon threshold is $1 million.
• Capital gains – Beneficiaries receive a stepped-up basis (IRC §1014), potentially saving thousands in taxes.
• Property taxes – No reassessment trigger upon your death if transferred to certain family members (see ORS 308.156).

Source: IRS.gov Publication 559 and Oregon Department of Revenue.

Frequently Asked Questions About Oregon Transfer on Death Deeds

Can I name more than one beneficiary?

Yes. You can name multiple primary beneficiaries and specify whether they take as joint tenants or tenants in common.

Does my spouse have to sign the TOD deed?

If the property is your homestead and your spouse has homestead rights, Oregon law may require spousal consent (ORS 93.969). Consult an attorney.

What happens if my beneficiary dies before me?

Unless you named alternates or update the deed, the TOD designation is ineffective, and the property passes through your will or intestate succession.

Can I use a TOD deed for property owned in a trust or LLC?

Generally no—the legal owner must execute the deed. The trust or LLC would need to distribute the property to you first.

Conclusion: Is an Oregon Transfer on Death Deed Right for You?

In my 10+ years helping Oregon families avoid probate, transfer on death deeds have become the go-to solution for single-property owners who want simplicity, control, and peace of mind. If you own a home, vacation property, or acreage in Oregon and want your loved ones to inherit it quickly and privately, downloading and properly executing the free Oregon transfer on death deed form above is an excellent first step.

Remember: While the form is attorney-drafted and 2025-compliant, every situation is unique. I strongly recommend having your completed deed reviewed by a licensed Oregon attorney before recording.

Download your free transfer on death deed Oregon template today and take control of your legacy.

Last updated: November 2025. All statutory references current as of publication date.