Re-recording or Updating a Joint Survivorship Deed in Oregon: Step-by-Step FAQ

Short answer: In Oregon, a surviving joint tenant usually becomes sole owner automatically when a co-owner dies. To clear the county title records you typically record certified death certificate(s) and an affidavit (often called an Affidavit of Death of Joint Tenant or Affidavit of Survivorship) referencing the recorded deed. If title is unclear, the heirs disagree, or the deed language is ambiguous, you may need a new deed, a title company’s assistance, or a court action (probate or quiet title). This article explains the common steps, documents, and decisions.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For guidance specific to your situation, consult a licensed Oregon real estate or probate attorney.

Detailed Answer — How to re-record or update a joint survivorship deed in Oregon

Below is a practical sequence people usually follow after one or more co-owners on a joint survivorship deed have died. These steps assume the deed includes a clear statement of joint tenancy or right of survivorship. If the deed uses different language (tenancy in common, life estate, or transfer-on-death), the path can differ.

1. Confirm the type of ownership and locate the recorded deed.

   Find the recorded deed in the county where the property is located. Look for language such as “as joint tenants with right of survivorship” or similar language saying that ownership passes to surviving owners. If you cannot find the deed or the language is unclear, get a copy from the county recorder.

2. Obtain certified death certificate(s).

   Get certified copies of the decedent(s)’ death certificate(s) from the Oregon Health Authority or the county vital records office. County recorders typically require a certified death certificate to record an affidavit of death.

3. Decide whether you need to record anything.

   Legally, survivorship vests automatically on death if the deed created a valid joint tenancy with survivorship. However, to clear public title records and allow transactions (selling, refinancing), you normally record an affidavit of death of joint tenant or a new deed showing the surviving owner(s). Without a recorded document, title companies and lenders often require additional proof.

4. Prepare an affidavit of death or an updated deed.

   Common documents used to update the public record:

   • Affidavit of Death of Joint Tenant (Affidavit of Survivorship) — short sworn statement identifying the original recorded deed (book/page or instrument number), naming the decedent and surviving joint tenant(s), attaching a certified death certificate, and stating that survivorship has vested in the survivor. The affidavit should be notarized and signed by the surviving joint tenant or a person with knowledge of the facts.
   • New deed — if the surviving owner(s) want to change title (for example, move from joint tenancy to sole ownership or add another owner), execute and record a new deed (often a quitclaim or warranty deed prepared by an attorney or title company).
5. Record the affidavit or deed at the county recorder’s office.

   Take the original notarized affidavit and certified death certificate(s) to the county recorder (sometimes called County Clerk or Records Division) where the property is recorded. Pay the recording fee. The county will index the affidavit with the property and recorded deed so future title searches show the change.

6. Notify parties who need notice.

   After recording, notify the mortgage company (if any), the county tax assessor, and your homeowner’s insurance company. If you plan to sell or refinance soon, the title company will want the recorded affidavit or updated deed and may request a current title search.

7. If title is disputed or deed language is unclear: consider probate or a quiet title action.

   If multiple heirs claim ownership, the deed did not actually create a survivorship right, or a mortgage/lien issue prevents clear title, you may need a probate administration or a court quiet title action. The Oregon Judicial Department has probate information and local rules that can help you understand when court involvement is required: Oregon Judicial Department — Probate Services.

Common documents and information you’ll need

• Certified death certificate(s) of the deceased co-owner(s).
• Copy of the recorded deed (instrument number, recording book/page, or document number).
• Legal description of the property and tax parcel number (found on the recorded deed or county tax records).
• Notarized Affidavit of Death of Joint Tenant or a new deed prepared for recording.
• Identification for the person signing the affidavit or deed.

When you must involve probate or a lawyer

• The deed does not create a joint tenancy or uses unclear language.
• Disputes exist among heirs or creditors claim an interest in the property.
• Multiple decedents died at the same time and it’s unclear who survived whom.
• There are unresolved mortgages, tax liens, or large unpaid debts tied to the property.
• You plan to change ownership in ways that could have tax or inheritance consequences.

If any of these situations apply, talk to a licensed Oregon attorney or a title company before recording documents.

Relevant Oregon resources

• Oregon Revised Statutes and official code library: Oregon Legislature — ORS (searchable).
• Oregon Judicial Department — probate overview and forms: courts.oregon.gov — Probate Services.
• Contact your county recorder/assessor to obtain recorded deed copies, recording fees, and local recording requirements (each county sets its own recording procedures).

Helpful Hints

• Start by getting a certified copy of the recorded deed and the decedent’s death certificate.
• Use an Affidavit of Death of Joint Tenant to clear title quickly in straightforward cases.
• Record documents in the county where the property is located — county recorders won’t record in a different county.
• Keep originals and record certified copies as required. Most recorders want the certified death certificate attached or referenced in the affidavit.
• If you plan to sell or refinance, ask the title company what they need before you record anything.
• Recording costs vary by county. Call the county recorder for the current fee schedule and any cover sheet requirements.
• If multiple owners survive and want to change ownership form (for example, from joint tenants to tenancy in common), record a new deed prepared by an attorney.
• When in doubt about ambiguous deeds or competing claims, consult an Oregon real estate or probate attorney before recording. A mistaken filing can be costly to undo.

Need help finding the right form or a local county recorder’s office? Contact your county recorder or a title company; they handle many common survivorship filings and can tell you what their office requires. For contested matters or complicated estates, consult a licensed Oregon attorney.

Again, this is educational only and not legal advice.