Do I Need a Vehicle Transfer on Death Designation in Oregon?
Answer a few questions about how your vehicle is titled to see whether a transfer-on-death designation applies for avoiding probate on a vehicle.
Frequently Asked Questions
No. Oregon does not offer a vehicle transfer-on-death designation. Oregon does not provide a transfer-on-death (TOD) or beneficiary designation on a vehicle certificate of title. The vehicle title statute, ORS Chapter 803, contains no TOD beneficiary provision (ORS 803.094 covers release/assignment of a title interest, including transfer at death by inheritance affidavit; ORS 803.097 covers only security-interest perfection). The Oregon DMV Title and Registration Handbook, Chapter G (Operation of Law/Trusts), describes the only at-death transfer paths: joint ownership with right of survivorship shown on the title, an Inheritance Affidavit (Form 516) when the estate is not probated, or probate / Simple Estate Certification (Form 6797). No mechanism exists for a living owner to name a TOD beneficiary on the title.
Because Oregon does not offer a vehicle TOD designation, the vehicle transfers through: Joint ownership with right of survivorship: an owner may request survivorship when applying for title (checkbox in the survivorship section of the title application, or by written request); the surviving owner transfers with proof of death of the deceased owner., Inheritance Affidavit (DMV Form 516) under ORS 803.094: when the deceased owner's estate is not probated, all heirs (determined under ORS Chapter 112) sign a notarized affidavit naming the person to whom the vehicle is assigned, submitted with the title (if available), an application for title, and the title transfer fee., Simple Estate Certification (DMV Form 6797): DMV accepts an application for title when vehicle ownership is settled by a simple estate affidavit filed with the applicable county., Probate transfer: where the estate is probated, the personal representative named in the court order (Letters Testamentary or equivalent) releases the deceased owner's interest on the title or a separate bill of sale.. To keep other assets out of probate, SimplyTrust sets up a revocable trust online.
Without a vehicle TOD option, a Oregon vehicle typically passes through the estate unless it is jointly titled or held in a trust, or qualifies for a small-estate transfer. Compare your options with the trust vs. will comparison.
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Oregon Estate Planning Resources
In-depth guides covering Oregon probate laws, trust requirements, and estate planning strategies.
