A house or land without probate in Oregon

An owner can sign a revocable transfer on death deed so that real property passes to the named beneficiary at death, outside probate. If the beneficiary does not survive the owner, that gift lapses. A contest of the deed must be started within 18 months after the death.

Checked against official sources: October 30, 2026.

Transfer-on-death (TOD) and payable-on-death (POD) in Oregon

Real estate (TOD deed)

Yes · Transfer on death deed

An owner can sign a revocable transfer on death deed so that real property passes to the named beneficiary at death, outside probate. If the beneficiary does not survive the owner, that gift lapses. A contest of the deed must be started within 18 months after the death.

Law: ORS 93.948-93.985 (Uniform Real Property Transfer on Death Act)

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Real estate in Oregon
Own procedure, up to $200,000

Oregon real estate in the person's name alone counts toward the separate $200,000 real property limit, at full fair market value without subtracting the mortgage.

Law: ORS 114.510(1)(a)(B), (2)(b)

Main home (primary residence)
Own procedure, up to $200,000

The person's home counts toward the $200,000 real property limit at full value, unless it passes automatically (for example, by survivorship or a recorded transfer on death deed).

Law: ORS 114.510; ORS 93.969

Surviving spouse in Oregon

Oregon has no separate small estate procedure for a spouse. A surviving spouse and dependent children living in the person's home may keep living there for one year after the death, and in a probate case the court can order support from the estate. A spouse who inherits under the will or by law can be an affiant on a simple estate affidavit. Property transferred by a simple estate affidavit is still subject to a surviving spouse's elective share claim.

Law: ORS 114.005; ORS 114.015; ORS 114.555(1)(a)(B)

Who inherits with no will in Oregon

If there is no will, the surviving spouse gets the entire net estate if the person left no descendants, or if all the person's descendants are also the spouse's descendants. If the person had a descendant who is not the spouse's, the spouse gets half. Anything not going to the spouse goes to the descendants, then parents, then brothers and sisters (and their descendants), then grandparents and their descendants.

Law: ORS 112.025, 112.035, 112.045

Source: Official page

Related pages

Free help in Oregon

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.