When a will alone may not control how your property passes after death

Short answer: A will in Oregon controls only assets that pass through probate. Accounts or property with beneficiary designations, joint owner rights, or a recorded transfer-on-death (TOD) deed/pass outside probate and will not be distributed under a will. If you want immediate, non‑probate transfer to your daughter for particular accounts or real estate, you will still need appropriate beneficiary/POD designations or a properly executed TOD deed — otherwise those assets will go through probate and be distributed according to your will.

Detailed answer — how Oregon law treats wills, TOD deeds, and POD designations

1. How a will works in Oregon

A will directs the distribution of assets that are part of your probate estate. Probate is the court‑supervised process used to transfer title for property owned only in your name at death. If all your property is owned solely in your name and you have a valid will naming your daughter as the beneficiary, probate would normally be the route to transfer those assets to her.

2. Non‑probate transfers override a will

Certain ownership arrangements and beneficiary designations transfer property outside probate. Common examples include:

• Payable‑on‑death (POD) or transfer‑on‑death (TOD) bank accounts and brokerage accounts.
• Retirement plans and IRAs with named beneficiaries (designations made with the plan administrator).
• Life insurance with a named beneficiary.
• Joint tenancy or tenancy by the entirety with survivorship rights — the surviving joint owner receives the asset automatically at death.
• Recorded transfer‑on‑death deeds for real property (a deed that names a beneficiary to receive title at the owner’s death, if recognized under state law).

These designations or titles operate independently of your will. If, for example, you leave all property to your daughter in your will but your bank account has a POD beneficiary naming someone else, the POD beneficiary gets that account — not the will beneficiary.

3. Transfer‑on‑death deeds and POD designations in Oregon

Oregon law allows various non‑probate transfer methods for different asset types. A recorded TOD deed for real property (if executed consistent with state requirements) will transfer the property at death without probate. Likewise, financial institutions typically allow POD or payable‑on‑death beneficiary designations for deposit and brokerage accounts; retirement plans and IRAs transfer by beneficiary form filed with the plan administrator. For general information about probate and non‑probate transfers in Oregon, see the Oregon Judicial Department probate overview (https://www.courts.oregon.gov/programs/probate/Pages/default.aspx) and the Oregon Revised Statutes resources (https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx).

4. Practical consequences

• If you want all assets to move to your daughter outside of probate (faster, often cheaper), you must ensure each asset is titled or designated to permit that transfer (POD, TOD deed, beneficiary forms, joint tenancy, etc.).
• If you are comfortable with probate and want every asset to be governed by your will, you can leave assets solely in your name and not use beneficiary forms. But that means probate after your death and possible delays and costs.
• Mismatches (e.g., will gives everything to daughter but account POD names someone else) create outcomes you may not want. Beneficiary designations and titles control over the will for those assets.

5. Examples (hypothetical)

Example A: All bank accounts are in your name with no POD beneficiary, and you have a valid will leaving everything to your daughter. When you die, the accounts go through probate and she receives them under the will.

Example B: You have a bank account with a POD beneficiary naming a friend, but your will leaves everything to your daughter. The friend receives the POD account outside probate; the will does not change that.

Example C: You own a house and want to avoid probate. Recording an appropriate TOD deed that names your daughter as beneficiary will pass the house to her at death outside probate, provided the deed meets Oregon recording and execution requirements.

6. How to proceed step‑by‑step

1. Inventory all assets and how each is titled (sole name, joint owner, beneficiary on file, retirement plan, life insurance, real property deed).
2. Decide whether you want each asset to pass by will (through probate) or to transfer outside probate.
3. For assets you want to move outside probate, use the appropriate method: bank POD form, beneficiary designation for retirement and life insurance, joint ownership if appropriate, or prepare and record a TOD deed for real property (follow statutory and county recording rules).
4. Coordinate beneficiary designations with your estate plan so documents don’t conflict unintentionally.
5. Review and update periodically (after marriage, divorce, births, deaths, or major financial changes).

7. Common pitfalls and cautions

• Automatic non‑probate transfers skip probate creditor review. Creditors may still have claims against the estate, so non‑probate transfers can complicate creditor claims and family disputes.
• Beneficiary forms are dispositive. A later will cannot override a beneficiary designation unless the designation is changed or revoked according to the account plan’s or insurer’s rules.
• Incorrectly drafted or unrecorded TOD deeds may be ineffective. Make sure a TOD deed complies with Oregon requirements and is recorded in the county where the property is located before death.
• Taxes: passing assets outside probate does not eliminate estate tax or income tax consequences. Consult a tax advisor for significant estates and retirement accounts.

When you probably do not need additional POD/TOD steps

If every asset you own is titled solely in your name and you are comfortable with probate, and your will is current and leaves everything to your daughter, you technically do not need separate POD or TOD designations. But consider whether you want to avoid probate delay and cost or need assets to be immediately available to your daughter (for bills, funeral costs, mortgage payments). For those reasons many people still use POD/TOD and beneficiary forms.

Where to get official Oregon information and forms

Oregon Judicial Department — probate information: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx

Oregon Revised Statutes — official statutes and chapters: https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx

Helpful hints

• Make an asset list that shows title and beneficiary for each item — bank accounts, investment accounts, retirement plans, life insurance, real estate, vehicles, and personal property.
• Check the beneficiary form on file at each plan or institution — an old form may name someone you no longer intend to benefit.
• If you want to avoid probate for real estate, confirm the TOD deed form and recording steps with the county recorder or an attorney to ensure it meets Oregon requirements and is recorded properly.
• Coordinate estate documents: wills, powers of attorney, beneficiary designations, deeds, and advance directives should work together. Inconsistencies create surprises.
• Remember retirement accounts and IRAs pass by beneficiary form, not by will; update those forms with the plan administrator.
• Consider liquidity: POD/POD accounts can provide quick access to funds for final expenses without waiting for probate.
• Periodically review your plan after major life events (marriage, divorce, birth, death, big financial changes).

Next steps and getting help

Because specific procedures (especially for TOD deeds) and the interplay of state statutes and institution rules matter, consider consulting an Oregon estate planning attorney or qualified estate planner to:

• Review titles and beneficiary designations.
• Prepare and record any TOD deed correctly, if appropriate.
• Make tailored recommendations to minimize probate, reduce costs, and address creditor/tax concerns.

Disclaimer: This article is educational only and does not constitute legal advice. It does not create an attorney‑client relationship. For advice about your particular situation and Oregon law, consult a licensed attorney.