Updated on September 1st, 2022
An Ohio transfer on death deed, referred to as a “transfer on death designation affidavit,” enables the direct conveyance of real estate to a beneficiary at the property owner’s death, therefore bypassing the probate process. By avoiding probate, the designated beneficiary inherits the owner’s real estate immediately, without the need for a court appearance. This estate planning tool doesn’t limit the rights of the present owner, nor does it grant any interest to the beneficiary while the owner is alive.
To be effective, the document must be correctly executed and recorded with the County Recorded before the owner’s death. The owner may revoke the form by recording a new transfer on death designation affidavit or a revocation instrument.
- Statutes: Title 53, Ch. 5302 (Statutory Forms Of Land Conveyance) & § 5302.22
- Formatting: § 317.114, § 317.112, § 317.113 & § 5302.22(D)
- Signing Requirements (§ 5301.01(A) & § 5302.22(D)): Notary Public (or other authorized official)
- Where to Record (§ 5301.25(A)): County Recorder
- Recording Fees (§ 317.32(A)(1)): $34 for the first two (2) pages; $8 for each additional page
Related Forms (1)
Revocation of Transfer on Death Designation Affidavit – Terminates the owner’s previously recorded transfer on death designation affidavit (must be recorded prior to the owner’s death).
Download: PDF, Word (.docx), OpenDocument