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Transfer on death deed in Ohio

Yes. Ohio lets an owner name who gets real estate at death with a transfer on death designation affidavit (Ohio Rev. Code §§ 5302.22, 5302.221, 5302.222, 5302.23, 5302.24, in effect since December 28, 2009). Sign it before a notary, and record it before the owner's death. After the death, the beneficiary uses: Affidavit of confirmation (R.C. 5302.222) with certified death certificate, plus the Medicaid estate recovery form (R.C. 5302.221). Last checked .

Ohio at a glance

TOD deed for real estate
Yes
Name in Ohio law
Transfer on death designation affidavit
Law
Ohio Rev. Code §§ 5302.22, 5302.221, 5302.222, 5302.23, 5302.24
Notary
Required
Witnesses
None
When to record
Before the death
Where to record
County recorder of the county where the property is located
After-death document
Affidavit of confirmation (R.C. 5302.222) with certified death certificate, plus the Medicaid estate recovery form (R.C. 5302.221)
Notice to heirs
Not required
Official form
Yes

Your checklist

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Steps to make it valid in Ohio

  • Sign: notary, no witnesses.
  • Record it at the County recorder of the county where the property is located before the owner's death.

A checklist from the state's verified rules, not legal advice. Medicaid, co-owners, a mortgage or a dispute can change what you should do; the county recorder, a legal aid office or a lawyer can help.

Making a valid TOD deed in Ohio

  • What the law does. An owner records a transfer on death designation affidavit naming who receives Ohio real property at death; title vests in the beneficiaries at death.
  • Signing. The owner signs an affidavit verified (sworn) before a person authorized to administer oaths, such as a notary. No witnesses. If the owner is married, the spouse must sign a statement that the spouse's dower rights are subordinate to the beneficiaries. The affidavit must describe the property with a reference to a recorded instrument, state marital status, and name the beneficiaries. The statute sets no capacity standard.
  • Recording. Must be recorded with the county recorder before the owner's death to be effective; no deadline counted from signing. Recorded and indexed like a deed, at the deed recording fee.
  • Payment, delivery, acceptance. Need not be supported by consideration or delivered to the beneficiary.
  • Form. No statutory form; Ohio Legal Help publishes a TOD affidavit form for real estate owned by one unmarried person; county recorders also post forms.

Changing it, and who you can name

  • Revoking or changing. Revoke or change at any time, without the beneficiary's consent, by executing and recording a new TOD designation affidavit before death; the newer one supersedes earlier ones. The TOD transfer supersedes any will or intestate transfer of that property. Divorce, dissolution or annulment terminates a designation of the spouse.
  • Beneficiaries. Natural or legal persons, including a trustee of a trust (successor trustees qualify). Contingent beneficiaries may be named. Multiple beneficiaries take equal shares as tenants in common unless otherwise designated, or as survivorship tenants (natural persons only). If no beneficiary or contingent survives, the property goes through probate.

After the owner dies

  • Document. Affidavit of confirmation (R.C. 5302.222) with certified death certificate, plus the Medicaid estate recovery form (R.C. 5302.221)
  • Where. Presented to the county auditor and filed with the county recorder of the county where the property is located
  • Steps. A beneficiary signs a sworn affidavit of confirmation listing surviving beneficiaries, date of death, property description, and any predeceased beneficiaries, with certified death certificates for the owner and any predeceased beneficiary. Present it to the county auditor and file with the county recorder. The recorder gives a Medicaid estate recovery form; if the owner (or predeceased spouse) was or may have been on Medicaid, send it to the estate recovery program. Registered (Torrens) land uses R.C. 5309.081.

Debts, Medicaid and the spouse

  • Creditors and Medicaid. Lienholders (mortgages, judgment and mechanic's liens) are unaffected and the beneficiary takes subject to them. For Medicaid estate recovery, 'estate' includes assets passing outside probate by survivorship, life estate, living trust 'or other arrangement'. The TOD sections do not address unsecured creditors of the owner.
  • Surviving spouse. A married owner's spouse must join and subordinate dower; a recorded affidavit bars dower of a later spouse unless revoked or changed.

Good to know in Ohio

  • TOD deeds recorded before 2009-12-28 under the older version of R.C. 5302.22 remain valid (R.C. 5302.24).
  • Survivorship tenancy / tenants by the entireties: a designation by one owner alone is nullified if that owner dies first (R.C. 5302.23(B)(7)(b)-(c)).
  • False statements in either affidavit are falsification under R.C. 2921.13.

Official pages

Sources

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.

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