Ohio Transfer on Death Deed
In Ohio there is no transfer on death deed; you use a transfer on death designation affidavit, notarized and recorded with the county recorder before you die, to pass real property without probate. Attorney review available.
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Introduction
A transfer on death deed in Ohio is not actually a deed: since 2009 Ohio real property is passed at death by a transfer on death designation affidavit, a document you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate (Ohio Rev. Code 5302.22). It does the same job people expect from a transfer on death deed, but the form is an affidavit the owner records, not a deed delivered to the beneficiary. During your life the designation has no effect on your ownership: you keep full control and can sell, mortgage, or change it, and the beneficiary has no interest until you die (Ohio Rev. Code 5302.23). To be valid, the affidavit must be verified before a notary or other person authorized to administer oaths (Ohio Rev. Code 5302.22(D)). It need not be supported by consideration, but to be effective it must be recorded with the county recorder in the county where the property is located before your death (Ohio Rev. Code 5302.22(E), (F)). Ohio does not require witnesses. You can change or revoke the designation at any time before death by recording a new affidavit, and because the transfer is not testamentary and supersedes any attempted transfer by will, a will cannot override it (Ohio Rev. Code 5302.23). At your death the beneficiary takes only the interest you held, subject to any mortgages and liens on the property. DocDraft builds your Ohio transfer on death designation affidavit from your facts, with attorney review available before you sign.
Key Things to Know
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In Ohio there is no transfer on death deed; Ohio uses a transfer on death designation affidavit, a document you record while alive that names a beneficiary to receive your real property automatically at your death, without probate (Ohio Rev. Code 5302.22).
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During your life the designation has no effect on your ownership. You keep full control and can sell, mortgage, or change it, and the beneficiary has no interest in the property until you die (Ohio Rev. Code 5302.23).
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To be valid the affidavit must be verified before a notary or other person authorized to administer oaths (Ohio Rev. Code 5302.22(D)). Ohio does not require witnesses.
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The affidavit need not be supported by consideration, but to be effective it must be recorded with the county recorder in the county where the property is located before your death (Ohio Rev. Code 5302.22(E), (F)).
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You designate one or more beneficiaries by name, and you may name contingent beneficiaries who take if a first beneficiary does not survive you (Ohio Rev. Code 5302.22, 5302.23).
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You can change or revoke the designation at any time before death by recording a new transfer on death designation affidavit, which supersedes the earlier one. Because the transfer is not testamentary and supersedes any attempted transfer by will, a will cannot override it (Ohio Rev. Code 5302.23).
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At your death the beneficiary takes only the interest you held, subject to all encumbrances, reservations, and exceptions on the property, such as mortgages and liens (Ohio Rev. Code 5302.23).
Key decisions before you file
Before you file a Transfer on Death Deed in Ohio, a few decisions shape the document: which option to choose and what each one means. The Transfer on Death Deed guide walks through them.
Open the Transfer on Death Deed guideCustomize your Transfer on Death Deed Template with DocDraft
Once your Transfer on Death Deed is ready, you can check whether it needs to be notarized in Ohio in about a minute, and notarize it online through DocDraft if it does.
Ohio Requirements for Transfer on Death Deed
Ohio does not use a transfer on death deed. Real property is designated transferable on death by a transfer on death designation affidavit recorded by the owner (Ohio Rev. Code 5302.22).
The full legal description of the property from the current recorded deed, the street address, and the prior instrument reference. A street address alone is not enough to record the affidavit with the county recorder.
The full legal name of each transfer on death beneficiary, and any contingent beneficiary who takes if a first beneficiary does not survive the owner. Beneficiaries must be identified by name.
How the owner holds title, whether as sole owner, tenant in common, survivorship tenant, or tenant by the entireties. If held in a survivorship tenancy, the affidavit works only if the owner is the last surviving owner (Ohio Rev. Code 5302.23).
The affidavit must be verified before a notary or other person authorized to administer oaths (Ohio Rev. Code 5302.22(D)). Ohio does not require witnesses.
The affidavit is not effective unless it is recorded with the county recorder in the county where the property is located before the death of the person who signed it (Ohio Rev. Code 5302.22(F)). Record it promptly after signing.
The owner may change or revoke the designation at any time before death by recording a new transfer on death designation affidavit, which supersedes the earlier one. A will cannot override it (Ohio Rev. Code 5302.23).
At the owner death the beneficiary takes only the interest the owner held, subject to all encumbrances, reservations, and exceptions, such as mortgages and liens (Ohio Rev. Code 5302.23). The affidavit does not erase debts secured by the property.
Does your Transfer on Death Deed need to be notarized in Ohio?
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Check my Transfer on Death DeedFrequently Asked Questions
In Ohio there is no transfer on death deed. Instead you use a transfer on death designation affidavit, a document you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate (Ohio Rev. Code 5302.22). During your lifetime it has no effect on your ownership: you keep full control and can sell or change it, and the beneficiary has no interest until you die. It passes only the property described in the affidavit.
An Ohio will directs who inherits your property, but the property still passes through probate, the court process that can take many months. An Ohio transfer on death designation affidavit passes the specific real property it names directly to the beneficiary at your death, outside probate, and it supersedes any attempted transfer of that property by will (Ohio Rev. Code 5302.23). The will covers your whole estate; the affidavit covers only the real property it describes. Many people in Ohio use both.
Ohio uses an affidavit. Ohio repealed its transfer on death deed and, since December 28, 2009, real property is designated transferable on death by a transfer on death designation affidavit recorded by the owner (Ohio Rev. Code 5302.22). It reaches the same result as a transfer on death deed in other states, but the instrument is an affidavit the owner records with the county recorder rather than a deed delivered to a grantee. DocDraft prepares the correct Ohio affidavit.
To be valid in Ohio the affidavit must be verified before a notary or other person authorized to administer oaths (Ohio Rev. Code 5302.22(D)), and it must identify the owner, the property, and the beneficiary or beneficiaries by name. You must then record it with the county recorder in the county where the property is located before your death (Ohio Rev. Code 5302.22(F)). Ohio does not require witnesses.
An Ohio transfer on death designation affidavit is not effective unless it is recorded with the county recorder in the county where the property is located before the death of the person who signed it (Ohio Rev. Code 5302.22(F)). Recording must happen while you are alive; an affidavit recorded after you die does not transfer the property. There is no set number of days, but record it promptly after signing so it is on file before death.
Yes. You can change or revoke an Ohio transfer on death designation affidavit at any time before your death by recording a new affidavit, which supersedes the earlier one (Ohio Rev. Code 5302.23). Because the transfer on death designation is not testamentary and supersedes any attempted transfer by will, a will cannot revoke or override it, so you must record a new affidavit to change your beneficiary.
If you own the property in a survivorship tenancy, an Ohio transfer on death designation affidavit you sign alone is effective only if you are the last surviving owner; the death of an earlier co-owner nullifies a designation made only by that co-owner (Ohio Rev. Code 5302.23). Married owners can sign together, and the affidavit can address a spouse dower interest. DocDraft asks how title is held so the affidavit fits your ownership.
No. At your death the beneficiary takes only the interest you held, subject to all encumbrances, reservations, and exceptions on the property, such as mortgages and liens (Ohio Rev. Code 5302.23). The affidavit avoids probate for the transfer itself, but it does not erase debts secured by the property, and it does not eliminate any Ohio or federal estate tax that may apply. You should confirm the tax treatment for your situation.