Disclaimer
This article provides general information on Oregon real estate conveyances. It is not legal advice. Consult a licensed attorney for advice specific to your situation.
Detailed Answer
When an Oregon decedent owns real property in another state, heirs cannot simply sign an Oregon deed to transfer title. Instead, you must follow probate procedures in Oregon and, in most cases, obtain ancillary probate in the state where the property lies. Once a personal representative (executor or administrator) is appointed, that fiduciary executes a Personal Representative’s Deed under Oregon law. This deed conveys the decedent’s interest to the heirs or a third‐party buyer.
1. Probate Appointment in Oregon
– File a probate petition in the Oregon county where the decedent resided. The court issues Letters Testamentary or Letters of Administration. (See ORS 115.085: Personal Representative’s Authority and Deed)
2. Ancillary Probate (If Required)
– Many states require an ancillary appointment before any deed affecting in‐state real property is recorded. Provide a certified copy of your Oregon Letters and the probated will (if any) to the foreign court. They issue ancillary letters of administration.
3. Prepare the Personal Representative’s Deed
– The deed must:
• Identify the personal representative by name and court file number.
• Recite authority per ORS 115.085.
• Include a full legal property description and purchaser (or heir) names.
• State any consideration exchanged, if applicable.
4. Recording the Deed
– Record the Personal Representative’s Deed in the recorder’s office of the county where the property sits. Include:
• Certified copy of the Oregon Letters and, if ancillary probate was required, certified ancillary letters.
• Any local transfer tax or documentary stamp forms.
• Payment of recording fees per that jurisdiction’s rules.
Additional Scenarios
• If the decedent held property in joint tenancy or a living trust, no probate may be needed; the surviving joint tenant or successor trustee signs a Trustee’s Deed under ORS 130.505 (Successor Trustee’s Conveyance).
• For small personal estates under ORS 113.715, heirs may use a Small Estate Affidavit to transfer personal property, but real property still requires probate.
Helpful Hints
- Start Oregon probate promptly to avoid delays in ancillary proceedings.
- Verify whether the other state accepts out-of-state letters or requires in-state ancillary letters.
- Use a standard Personal Representative’s Deed form approved for the property’s jurisdiction.
- Attach certified court documents to the deed to prove authority to convey.
- Check local county recorder requirements for additional affidavits or tax forms.
- Retain copies of all recorded documents and receipts for your records.