How to Avoid Probate in Oregon

Non-probate transfers available in Oregon: (1) Transfer on death deed for real estate, recorded before death (ORS 93.948 to 93.985). (2) Joint accounts with survivorship and P.O.D. accounts at insured institutions; sums in a joint account are presumed to belong to the surviving party, and transfers on death under these accounts are not testamentary (ORS 708A.470, 708A.480, 708A.495). (3) Transfer-on-death registration of securities (Uniform TOD Security Registration Act, ORS 59.535 to 59.585). (4) Vehicles titled with survivorship pass to the surviving owner on proof of death (Oregon DMV). (5) Simple estate affidavit for estates with no more than $75,000 of personal property and $200,000 of real property (ORS 114.505 to 114.560). (6) Revocable living trust (ORS chapter 130).

Oregon calls this a 'simple estate affidavit,' filed with the probate court clerk. It may be used if no more than $75,000 of the estate's fair market value is personal property (other than manufactured homes) and no more than $200,000 is real property and manufactured homes ($275,000 in total). Values are fair market value without reduction for liens or debts, generally as of the date of death. Real property may be included. It may not be filed until 30 days after the death (the court's instructions state 60 days for a creditor). Heirs or devisees, a personal representative named in the will, or certain state agencies may file; a person disqualified to serve as personal representative or convicted of a felony may not. Creditors may present claims to the affiant within four months after the affidavit is filed.

Yes. Oregon has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must have the elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, name the beneficiary (a class designation alone is void), and be recorded before the owner's death in the deed records of the county clerk where the property is located. It requires the same capacity as a will, needs no notice to or acceptance by the beneficiary, and is revocable. A challenge based on capacity, fraud, duress or undue influence must be brought within 18 months after death.