Bulletin: OR2011006

Dear Associates:   

This Bulletin is sent to advise you of two relevant bills that were recently enacted in the State of Oregon as a result of the 2011 legislative session. 

House Bill 3195 – Enacted June 16, 2011

Amends ORS 93.804 and ORS 93.810.  Authorizes county clerk to record instruments presented as electronic image or by electronic means, including recordings made before the effective date of the Act.  This bill has an emergency clause, so it is currently in effect.

Senate Bill 815 – Enacted June 2, 2011

Amends ORS 86.740, 93.030, 93.040, 107.115, 112.465, 112.570 and 125.440.  Authorizes owner of real property to use transfer on death deed to pass real property outside of probate at owner’s death.  Deed must be recorded before the transferor’s death in the county in which the property is located.  Requires a proceeding to contest the capacity of the transferor be commenced not later than 18 months after the transferor’s death.  The effective date of this bill is January 1, 2012. 

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