Probate and Recording Deeds in Multnomah County (Portland), Oregon
Where to file a will or open probate, and where to record a deed, in Multnomah County (Portland) — with the state rules that apply.
Probate court
Multnomah County Circuit Court - Probate
Recording deeds
Multnomah County Clerk - Recording
E-recording: yes - Corporation Service Company, Simplifile, eRecording Partners Network - https://multco.us/info/recording-documents
Recording fee: Deeds: $86 for the first page, $5 for each additional page Fee schedule
Oregon rules that apply
| Small estate affidavit | 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. If the will leaves everything above the limits to a trust that existed before death, a larger estate may still qualify. The affiant's signature must be notarized by a court clerk or notary public. |
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| Probate steps | 1) File a petition in the probate court of a proper county (where the decedent lived, died, or owned property) to admit any will and appoint a personal representative. 2) The court issues letters after any required bond. 3) The personal representative mails information about the estate to heirs, devisees and certain state agencies, and publishes a notice to interested persons once in a local newspaper. 4) File an inventory within 90 days after appointment. 5) Handle creditor claims. 6) File annual accounts if the estate stays open, then a final account and petition for distribution; the court enters a general judgment of final distribution. |
| Signing and recording a deed | A deed must be signed by the grantor (or the grantor's lawful agent) and acknowledged before a notary public or other authorized officer; no seal is required. Proof of execution by a subscribing witness is an alternative to acknowledgment. Deeds transferring fee title must include the statutory land-use warning statement set out in ORS 93.040. Deeds are recorded in the deed records of the county clerk where the property is located. Whether a local real estate transfer tax applies depends on the county; check with the county clerk. |
| Transfer-on-death deed | 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. |
All Oregon wills, probate and estate rules · Eviction court and tenant help in Multnomah County (Portland)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.