Clear Money Guide
What this state guide covers
A quick view of the questions, practical details and source notes below.
Updated August 3, 2026. Quick answer: Oregon adopted the Uniform Act in 2011. It carries one requirement that quietly destroys deeds: you must name your beneficiaries individually. A designation that identifies them only as a class — “my children” — is void.
The requirement that catches people
A transfer on death deed must identify the designated beneficiary by name; and must be recorded before the transferor’s death in the deed records in the office of the county clerk for the county in which the property is located. A beneficiary designation that identifies beneficiaries only as members of a class is void.
— Or. Rev. Stat. 93.948-93.979 (subsections joined for readability; no words added)
“My children” is the most natural thing in the world to write, and in Oregon it is void. So is “my surviving issue” or “my heirs”. Name each person. And because the deed cannot be fixed after death, this is a defect that surfaces at the worst possible moment.
It also means a deed drafted years ago may no longer match the family: a child born after it was signed is not covered by a list of names, and Oregon will not read a class into it.
Capacity is will capacity — and there is an 18-month clock
The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will. 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. A proceeding must be commenced not later than 18 months after the transferor’s death.
— Or. Rev. Stat. 93.948-93.979 (subsections joined for readability; no words added)
Two things follow. A deed obtained by pressure on a vulnerable owner is void, not merely voidable. But anyone intending to challenge one has 18 months from the death to start proceedings, and that is a short window for a family that has not yet discovered the deed exists.
Name them individually, or Oregon voids it
Oregon voids a designation that identifies beneficiaries only as a class, so my children is not a designation. Whatever document you use has to name each person. LawDepot builds an Oregon transfer on death deed, and it must be recorded in the deed records before death.
LawDepot prices a single document at $7.50 to $119, and its category subscriptions start at $107.88 a year, with the all-documents plan at $155.88 a year (LawDepot pricing page, read 2026-09-02).
Create a transfer on death deed
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What a transfer on death deed does not do
- It moves one parcel, not an estate. It avoids probate on that property. Bank accounts, vehicles and everything else are untouched, so it is not a substitute for a will.
- It does not take effect until death, so the owner keeps full control and can sell, mortgage or revoke without the beneficiary’s agreement.
- It does not clear debts. A mortgage, lien or judgment against the property passes with it.
- It does not resolve a conflict with how the property is titled. Joint ownership and survivorship rights generally come first.
Honest gaps
We have quoted ORS 93.959 and 93.961. The chapter (93.948 to 93.979) also covers revocability, nontestamentary effect, notice and consideration, revocation by instrument or act, and the effect during the transferor’s life; those are not reproduced in full. This is the statute, not legal advice. Deed drafting, title and recording practice vary by county, and a property with a mortgage, co-owners or a disputed title is one to take to a lawyer in the state.
Source note. Read from https://oregon.public.law/statutes/ors_93.953 on 2026-08-04.
Related: transfer on death deeds by state · how it compares with a living trust · what it actually avoids.
General information drawn from state statutes and official state or court forms, not legal advice. These instruments are governed by the law of the state where the property sits or the document is signed, and formalities differ from state to state — execution, witnessing and recording requirements are the parts that void a document when they are missed. Your own state’s current statute governs.