(1) 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:

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Terms Used In Oregon Statutes 93.973

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Probate: Proving a will

(a) A claim allowed or established by summary determination or separate action under ORS § 114.505 to 114.560 or under ORS Chapter 115 against the probate estate; or

(b) A statutory allowance to a surviving spouse or child under ORS § 114.015.

(2) 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.

(3) 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]

 

See note under 93.948.