Legal Question in Real Estate Law in Oregon

Oregon (Multnomah County): "Transfer on Death Deed" questions:

1) When 2 people are on a home deed, do they each own 50%, and if so, upon death of one, does deceased's 50% automatically transfer to the remaining owner, or is a "Transfer on Death Deed" required to be filed prior in order to accomplish owning 100% and avoid Probate?

2) Does Oregon "Transfer on Death Deed" accomplish transfer to a named beneficiary who is NOT already on the home Deed?


Asked on 7/26/17, 6:15 pm

1 Answer from Attorneys
Robert Mauger The Law Office of Robert L. Mauger

1) It depends on what your deed says. If the deed provides "a right of survivorship" or the two people are married, then likely (although again, the exact language may matter) the deceased's interest passes at death to the survivor. If the deed is as "tenants in common," then the decedent's interest would pass to their heirs or beneficiaries under a will.

2) The parties can use a transfer on death deed to transfer ownership at death and can use it to transfer their interest to anyone they could legally transfer the property to during their lifetimes.

This is probably not a DIY project. Assuming the interest in the property is valuable and what happens after the parties' death is important, it would be better to sit down with your own estate planning attorney than to try to rely on advice from the internet. Good luck,

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Answered on 7/27/17, 10:30 am


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