Adopted in 2011, in force since 2012
Oregon adopted the Uniform Real Property Transfer on Death Act in 2011 through Senate Bill 815, requested by the Oregon Law Commission, with the law in force since January 1, 2012. Codified at ORS § 93.948 through § 93.979, it lets an owner record a deed naming a beneficiary who receives the property automatically at death, without probate court proceedings.
Simple execution: notary only, no witnesses
The owner signs the deed and has it acknowledged before a notary; Oregon does not require witnesses. The capacity required to make or revoke the deed is the same as the capacity required to make a will. The deed must be recorded with the county clerk before the owner's death, or it has no effect — there's no fixed deadline between signing and recording, but until it's recorded, the deed simply does nothing.
Revocable only by a recorded instrument — never by a will
An Oregon TOD deed is revocable at any time before death, even if the deed itself says otherwise. But it can only be revoked by a recorded instrument: a later TOD deed, an express instrument of revocation, or a lifetime deed transferring the property away. A will does not revoke it, even if the will's language specifically tries to. Anyone who records a TOD deed and later changes their mind needs to record a new document that follows the statute's revocation methods — simply writing different instructions into a will won't accomplish anything for this particular property.
Multiple beneficiaries default to equal shares, no survivorship between them
When a TOD deed names more than one beneficiary, Oregon law assumes each receives an equal, undivided share with no right of survivorship between them. If one named beneficiary predeceases the owner, that share doesn't automatically flow to the other named beneficiaries unless the deed itself expressly says so. A property owner who wants a different split, or wants survivorship between the beneficiaries, has to spell that out explicitly in the deed's own terms rather than relying on any default assumption.
Joint ownership still comes first
Oregon's TOD deed doesn't override an existing right of survivorship. If the transferor is a joint owner — whether under a true joint tenancy exception, a tenancy by the entirety, or Oregon's own cross-contingent-remainder survivorship arrangement — and is survived by one or more other joint owners, the property belongs to those surviving owners instead. The TOD deed only becomes effective if the transferor turns out to be the last surviving owner. Joint owners can also make a TOD deed together, naming a beneficiary to receive the property only after all of them have died.
Broad eligible property, individual transferors only
Oregon's TOD deed reaches any interest in real property located in the state; the transferor making the deed must be an individual, not an entity like a corporation or trust. A beneficiary may disclaim all or part of their interest under Oregon's disclaimer statutes if they choose not to accept the property.