Quitclaim Deeds and Transferring Property in Oregon
How to sign and record a quitclaim or other deed in Oregon, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: 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. ORS 93.010; ORS 93.040; ORS 93.410; ORS 93.440
| 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. |
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| 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. |
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FAQ
What does a quitclaim deed need to be valid in Oregon?
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.
Does Oregon allow transfer-on-death deeds?
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.
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.