Steps to Transfer Real Property Title to Your Child After Your Spouse’s Death — Oregon

Short answer: First identify how title was held (joint tenancy, tenancy in common, sole ownership, or a transfer‑on‑death deed). Get certified copies of the death certificate. If title passes automatically (joint tenancy or valid transfer‑on‑death deed), record the required documents with the county recorder. If not, you usually must open a probate estate or use other probate‑avoidance tools so the estate can convey the property to your child.

Detailed answer — step‑by‑step under Oregon law

1. Confirm how the property is titled

Look at the recorded deed in the county where the property sits. The deed language controls. Common situations:

Joint tenancy with right of survivorship: When the deed lists you and your late spouse as joint tenants (or words say “with right of survivorship”), the surviving owner usually becomes sole owner automatically at death. You must record proof of death with the county recorder to clear title.
Tenancy in common: Each owner has a distinct share. The deceased owner’s share passes by will or by intestate succession (through probate) to heirs — it does not automatically go to the other co‑owner.
Transfer‑on‑Death Deed (TODD): If your spouse properly executed a TODD naming your child as beneficiary, the beneficiary takes title automatically upon recording required documents after death (see ORS chapter 93 on conveyances and transfer-on-death deed rules).
Sole ownership: If your spouse held title alone, the property typically must pass through probate unless there is a valid TODD or other nonprobate mechanism.

2. Obtain certified death certificate(s)

Order multiple certified copies from Oregon Health Authority — Vital Records. Counties and title companies often require one or more originals. Oregon Vital Records info: https://www.oregon.gov/oha/PH/BIRTHDEATHCERTIFICATES/Pages/Death-Certificates.aspx.

3. If title passes automatically, prepare documents to record

When automatic transfer applies (survivorship or TODD), the usual steps are:

Obtain a certified death certificate.
Prepare an affidavit or declaration of survivorship (or the instrument required by the county) and attach the certified death certificate.
Record the affidavit and a certified death certificate at the county recorder/registrar of deeds where the property is located. Recording clears public title records.

Check the county recorder’s website for the exact form wording, required attachments, and recording fee. If a TODD exists, follow the statute and county process for recording the beneficiary’s declaration and death certificate; ORS chapter on conveyances and TODDs applies (see chapter link below).

4. If title does not pass automatically: open probate or use an alternative procedure

If there is no survivorship and no valid TODD, the decedent’s ownership interest usually transfers through probate. Key steps:

Determine whether the decedent left a will. If so, file the will and a petition for probate in the circuit court of the county where the decedent lived.
If there is no will (intestate), file for appointment of an administrator and follow intestacy rules to identify heirs. Oregon intestate succession is governed by ORS chapter 112 (https://www.oregonlegislature.gov/bills_laws/ors/ors112.html).
The court issues Letters Testamentary or Letters of Administration (or similar court authority). The personal representative can then convey real property on behalf of the estate by executing a deed to the heir (your child) and recording it.

Probate procedure and estate administration are governed by ORS chapter 114 (probate practice and procedure). See the chapter index here: https://www.oregonlegislature.gov/bills_laws/ors/ors114.html.

5. Prepare and record the deed from the appropriate grantor

Who signs the new deed depends on how you transfer title:

If survivorship or TODD — the surviving owner or the named beneficiary records the survivorship affidavit or the beneficiary’s document and does not need a new deed in many cases (but sometimes a new deed to reflect sole ownership is recorded).
If the estate conveys property — the personal representative (executor/administrator) signs a deed conveying the estate’s interest to your child. The deed must include the correct legal description, notarization, and the county recording information.

6. Pay attention to mortgages, liens, taxes, and homestead

If a mortgage exists, the loan remains secured by the property. The lender can require payoff or refinance. Creditors may make claims against the estate. Oregon has a homestead exemption and other protections — check the probate statutes and consult counsel when claims or liens exist.

Key Oregon laws and resources

Oregon Revised Statutes — Intestate succession (chapter 112): https://www.oregonlegislature.gov/bills_laws/ors/ors112.html
Oregon Revised Statutes — Probate practice and procedure (chapter 114): https://www.oregonlegislature.gov/bills_laws/ors/ors114.html
Oregon Revised Statutes — Conveyances / transfer on death deed material is in the statutes governing deeds and conveyances (see chapter 93): https://www.oregonlegislature.gov/bills_laws/ors/ors93.html
Oregon Health Authority — ordering certified death certificates: https://www.oregon.gov/oha/PH/BIRTHDEATHCERTIFICATES/Pages/Death-Certificates.aspx

Helpful hints

Start by pulling the recorded deed at the county recorder’s office (or online). The current deed’s language tells you the likely path.
Order at least three certified death certificates right away. Title companies often require originals; courts and the recorder will also want them.
If the deed shows joint tenancy or a TODD names your child, call the county recorder to learn the exact form and fee to record a death‑certificate attachment or beneficiary’s affidavit.
If you must probate, many Oregon counties offer self‑help packets and forms; small estates may qualify for simplified procedures, but those rules vary — check ORS chapter 114 and local court rules.
When an estate conveys title, the deed must contain the proper legal description, be signed by the personal representative, notarized, and recorded in the county where the property is located.
Watch for outstanding mortgages and liens. A deed transfer does not eliminate debts secured by the property unless the lender agrees or the mortgage is paid.
Consider a title company search and title insurance to reveal hidden encumbrances before recording a deed in your child’s name.
Small mistakes in deed wording or filing can cause future title problems. If the estate is complicated or creditors or multiple heirs are involved, consult an attorney experienced in Oregon probate and real estate.

Typical timeline

If title transfers automatically (joint tenancy or valid TODD), you can clear title in days to a few weeks (after you obtain death certificates and record documents). If probate is required, the process usually takes months and sometimes a year or more depending on the complexity, creditors, and court schedules.

When to get legal help

Get a lawyer if:

Title is unclear or deed language is ambiguous.
There is a will dispute or multiple heirs contest the estate.
There are significant debts, tax issues, or a mortgage in default.
You need a deed prepared from an estate or want to confirm that a TODD or survivorship affidavit is properly drafted and recorded.