URPTDA 13. Effect of transfer on death deed at transferor’s death
(1) Except as provided otherwise in the transfer on death deed and subject to ORS 107.115 (Effect of judgment), 112.455 (Definitions for ORS 112.455 to 112.555) to 112.555 (Evidence of felonious and intentional killing) or 112.570 (Definitions for ORS 112.570 to 112.590) to 112.590 (Protection of bona fide purchasers) and ORS 93.981 (Effect of divorce or annulment on transfer on death deed), 93.983 (Transfer to parent who deserted or neglected transferor) and 93.985 (Forfeiture of transfer by parent who deserted or neglected transferor), when a transferor dies, the following rules apply to property that is subject to a transfer on death deed and owned by the transferor at death:
(a) A designated beneficiary’s interest in the property:
(A) Is transferred to the designated beneficiary in accordance with the deed if the designated beneficiary survives the transferor; or
(B) Lapses if the designated beneficiary does not survive the transferor.
(b) If the transferor has identified multiple designated beneficiaries to receive concurrent interests in the property:
(A) Concurrent interests are transferred to the designated beneficiaries in equal and undivided shares with no right of survivorship; and
(B) The share of a designated beneficiary that lapses or fails for any reason is transferred to the remaining designated beneficiaries in proportion to the interest of each designated beneficiary in the remaining part of the property held concurrently.
(2) A beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens and other interests to which the property is subject at the transferor’s death, including a claim or lien by a state authorized to seek reimbursement for public assistance or medical assistance, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414), if assets of the transferor’s probate estate are insufficient to pay the amount of the claim or lien.
(3) If a transferor is a joint owner and is:
(a) Survived by one or more joint owners, the property subject to a transfer on death deed belongs to the surviving joint owners with a right of survivorship.
(b) The last surviving joint owner, the transfer on death deed is effective.
(4) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision. [2011 c.212 §13; 2013 c.688 §10]
Note: See note under 93.948 (URPTDA 1. Short title).
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