Conveyancing and Recording

ORS 93.973
URPTDA 15. Liability for creditor claims and statutory allowances


A transferor’s estate may enforce a liability against property transferred at the death of the transferor by a transfer on death deed to the extent that the probate estate of the transferor is insufficient to satisfy:


A claim allowed or established by summary determination or separate action under ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy) or under ORS chapter 115 against the probate estate; or


A statutory allowance to a surviving spouse or child under ORS 114.015 (Support of spouse and children).


If the same transferor transfers multiple properties by one or more transfer on death deeds, the liability under this section is apportioned among the transferred properties in proportion to the net value of each transferred property at the transferor’s death.


A proceeding must be commenced not later than 18 months after the transferor’s death to enforce the liability under this section. [2011 c.212 §15]
Note: See note under 93.948 (URPTDA 1. Short title).
Chapter 93

Atty. Gen. Opinions

Records involving title to real property registered under the Torrens system, (1972) Vol 35, p 1032


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Jun. 26, 2021