Ohio Affidavit of Heirship

Introduction

Key Things to Know

1. 1

   The evidentiary effect is immediate. Under Ohio Revised Code Section 317.22(C), this affidavit becomes prima facie evidence of the facts it states as soon as it is recorded. Ohio sets no waiting period, the opposite of Texas, which requires five years of record. It remains rebuttable, not conclusive.

2. 2

   Two Ohio statutes work together. Section 317.22 is the heir-at-law transfer affidavit tied to the county auditor's intestate-descent process, and Section 5301.252 is a general title-curative affidavit that separately lists heirship among the facts it covers. Either supports recording this affidavit against Ohio real estate.

3. 3

   Only one signer is required if that signer is the heir. Section 317.22(B) lets the heir at law or next of kin swear the affidavit alone. If someone other than the heir swears it, the statute asks for two Ohio residents with personal knowledge of the facts instead. Neither branch requires the affiants to be disinterested; the heir, an interested party by definition, may swear the affidavit alone.

4. 4

   Recording alone is not enough. Before the county recorder will record this affidavit, Section 317.22(B) requires the heir, or that person's grantee, agent, or attorney, to present it to the county auditor of the county where the real estate sits, so the auditor can transfer the tax duplicate. Skipping the auditor step is a distinctly Ohio way this filing goes wrong.

5. 5

   The recorder indexes this affidavit like a deed. Section 317.22(C) directs the county recorder to index the affidavit in the direct and reverse indexes with the ancestor as grantor and each heir as grantee, in the same manner as a deed of conveyance, even though the affidavit itself does not convey anything.

6. 6

   This affidavit does not transfer, convey, or vest title to real property. It is evidence of who the heirs are, not a conveyance. When the facts are actually contested, Ohio Revised Code Chapter 2123 lets an interested person ask the probate court for a binding determination of heirship instead.

7. 7

   This affidavit reaches only real property. Personal property passing by intestacy in Ohio runs through probate administration or, for smaller estates, release from administration under Section 2113.03, which requires a probate court application and is capped at $35,000, or $100,000 if the sole beneficiary is a surviving spouse. A small estate affidavit collects assets under a value cap; an affidavit of heirship evidences who the heirs are and does not move title.

Ohio Requirements for Affidavit of Heirship

• Ohio Two-Statute Recording Basis

  This affidavit is made under Ohio Revised Code Section 317.22, the heir-at-law transfer affidavit tied to the county auditor's intestate-descent process, and is reinforced by Section 5301.252, a general title-curative affidavit that separately lists heirship among its recordable subjects.

• Ohio Single-Heir or Two-Resident Affiant Rule

  Under Section 317.22(B), the heir at law or next of kin may swear this affidavit alone, or, if not sworn by the heir, two persons resident of Ohio with personal knowledge of the facts may swear it instead. Neither branch requires the affiants to be disinterested.

• Ohio County Auditor Presentment Required

  Section 317.22(B) requires the affidavit to be presented to the county auditor of the county where the real estate is situated, at or before the time it is filed with the county recorder, so the auditor can transfer the tax duplicate.

• Ohio Immediate Prima Facie Effect, No Waiting Period

  Under Section 317.22(C), this affidavit is prima facie evidence of the facts it states as soon as it is recorded, with no waiting period, unlike states such as Texas that require years of record first.

• Ohio Affidavit Does Not Transfer Title

  This affidavit is evidence of who the heirs are, not a conveyance. It does not transfer, convey, or vest title to real property; Ohio Revised Code Chapter 2123 provides the binding judicial route for a determination of heirship when the facts are contested.

• Ohio Real Property Only

  Sections 317.22 and 5301.252 are both framed around real estate. Personal property passing by intestacy in Ohio is handled through probate administration or the release from administration procedure under Section 2113.03, not through this affidavit.