[OR] How do I remove my deceased spouse’s name from the deed for our home?

OR Real Estate Law

Richard

76,546 satisfied customers

View context

Solved

In Oregon, when a married couple owns real property together, the deed usually specifies the form of ownership. From what you describe, it sounds like the property was held in joint tenancy or tenancy by the entirety, with survivorship rights. (OR Rev Stat § 93.969)

Here is how it typically works in Washington County, Oregon:

Affidavit of survivorship (OR Rev Stat § 114.675)
This is the standard document used. It must be signed, notarized, and recorded with the county clerk or recorder where the property is located.
Certified death certificate
A certified copy of the deceased spouse’s death certificate must be attached when recording the affidavit.
Current deed
A copy of the existing deed showing both owners’ names is typically required so the recorder can link the property records.
No additional forms generally required
In most cases, no additional forms are needed. Once the affidavit and death certificate are recorded, the public record will reflect the surviving spouse as the sole owner.
Important note about the will
If the deed states “joint tenants with right of survivorship,” the will does not control the transfer. Survivorship rights take precedence, and ownership passes automatically.
If the deed states “tenants in common,” the deceased spouse’s share would pass under the will, and probate would be required.

Affidavit of Survivorship

Create Document

Full Conversation

I am trying to have my deceased husband’s name removed from the deed for our home we owned together. I have filled out an affidavit of survivorship form and will sign it with a notary. I also have a certified death certificate. It will be filed in Washington County, Oregon. Do I need any other forms to have his name removed?

Lexi, Chatbot

I’m sorry to hear about your loss, and I understand how important this process is for you. Have you already contacted your local county recorder’s office to inquire about their specific requirements for removing a name from the deed?

I went to see them, but she said she wasn’t allowed to tell me what form I needed, so I have just been researching the internet.

Lexi, Chatbot

Are you aware of any outstanding mortgages or liens on the property that could affect the deed transfer?

There is only my mortgage, and I have notified the lender of my husband’s death.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with removing your deceased husband’s name from the deed.

Not that I know of.

Richard

Hello. My name is Richard. I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only, and I cannot formally represent customers or perform legal services on their behalf.

I know your question is important, and I am working on typing an answer now. Responses may take some time, and we appreciate your patience.

Could you tell me more about any additional steps you’ve taken regarding the removal of your deceased husband’s name from the deed?
Disclaimer: This conversation does not create an attorney-client relationship. The information provided is for educational purposes only.

I took the deed and death certificate to the recorder, but they said a notarized form was required and would not tell me which form.

Richard

Have you already completed and notarized the affidavit of survivorship, or are you still in the process of doing so?

Was the property held as joint tenants with right of survivorship, tenants by the entirety, or another form of ownership on the deed?

I have filled out the affidavit of survivorship and will get it notarized tomorrow. We owned the property jointly, and he left his half to me in his will.

Richard

Here is how it typically works in Washington County, Oregon:

Affidavit of survivorship (OR Rev Stat § 114.675)
This is the standard document used. It must be signed, notarized, and recorded with the county clerk or recorder where the property is located.
Certified death certificate
A certified copy of the deceased spouse’s death certificate must be attached when recording the affidavit.
Current deed
A copy of the existing deed showing both owners’ names is typically required so the recorder can link the property records.
No additional forms generally required
In most cases, no additional forms are needed. Once the affidavit and death certificate are recorded, the public record will reflect the surviving spouse as the sole owner.
Important note about the will
If the deed states “joint tenants with right of survivorship,” the will does not control the transfer. Survivorship rights take precedence, and ownership passes automatically.
If the deed states “tenants in common,” the deceased spouse’s share would pass under the will, and probate would be required.

Thank you so much for your help.

Richard

No problem. If you have any follow-up questions, please let me know.

Richard

76,546 satisfied customers

Welcome! Have a similar question?

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Queeneth E. Esq

Commercial Contracts Attorney

4.62 (4,470)

Does a durable power of attorney grant me the authority to sell my brother’s property by quitclaim deed?

Answered 5 hours ago

Legal Eagle

Attorney

4.79 (128,690)

Should I list my deceased father on a quitclaim deed if probate was already completed years ago?

Answered 5 hours ago

Jon

4.77 (556)

[FL] Can my son enforce his property rights to inherited property before the deed is transferred?

Answered 6 hours ago

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.