Ohio Transfer on Death Deed

Introduction

Key Things to Know

1. 1

   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).

2. 2

   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).

3. 3

   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.

4. 4

   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)).

5. 5

   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).

6. 6

   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).

7. 7

   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).

Ohio Requirements for Transfer on Death Deed

• Use a Transfer on Death Designation Affidavit

  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).

• Legal Description and Prior Reference

  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.

• Name Beneficiaries and Contingents

  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.

• State How Title Is Held

  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).

• Verify Before a Notary

  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.

• Record Before the Owner Dies

  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.

• Change Only by Recording a New Affidavit

  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).

• Property Passes Subject to Debts

  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.