Affidavit of Death for Montgomery County, Ohio

In Ohio, a surviving joint owner records the “Affidavit on the death of a survivorship tenant”; a transfer on death deed beneficiary records the “Affidavit of confirmation”. In Montgomery County, the County Recorder records it for $39 for the first 2 pages plus $8 for each page beyond 2.

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Who may sign in Ohio: Not stated; R.C. 5302.17 names no affiant for the affidavit on the death of a survivorship tenant.

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The state whose land records the affidavit is recorded in. Only states where this tool prepares the affidavit are listed.

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Joint ownership with right of survivorshipTransfer on death deed

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The “Affidavit on the death of a survivorship tenant”: Ohio law lets a survivorship tenant's death be recorded by an affidavit, with a certified copy of the death certificate, presented to the county auditor and filed with the county recorder. Title vests in the survivors at the death; recording is optional. A surviving joint owner records it with the county recording office, and the prepared document is laid out for recording.

Who may sign, in the statute's words: R.C. 5302.17 names no affiant for the affidavit on the death of a survivorship tenant. The affidavit is sworn before a notary public, who completes the jurat.

It states: the names of the other survivorship tenant or tenants; the address of the other survivorship tenant or tenants; the date of death of the decedent; a description of the real property; a reference to the recording of the instrument by which the decedent and the survivors took title (volume and page, or other identification of the recording). Attached when recorded: death certificate of the deceased survivorship tenant (certified copy of a death certificate).

Recording is not a condition of the transfer: title passed at the death under the instrument. Filed with it: Statement of Reason for Exemption From Real Property Conveyance Fee (DTE 100EX).

The “Affidavit of confirmation”: In Ohio, title vests in the transfer on death beneficiary at the owner's death. The transfer is recorded by the beneficiary's sworn affidavit of confirmation, with a certified copy of the death certificate, presented to the county auditor and filed with the county recorder. Who signs: Any transfer on death beneficiary to whom the transfer is made. The document is prepared on that basis as well.

Recording an Affidavit of Death in Montgomery County

An affidavit of death for Montgomery County property is recorded with the County Recorder at 451 West Third Street, Dayton, OH 45422. Phone: 1-937-225-4275. Hours: Monday-Friday 8:00 AM-5:00 PM.

Recording costs $39 for the first 2 pages plus $8 for each page beyond 2; a 2-page affidavit records for $39. Page count, cover sheets, and any local add-ons can change the final amount, so confirm the total with the County Recorder before submitting. Montgomery County accepts e-recording through Simplifile.

In Ohio, the affidavit is sworn before a notary public, who completes the jurat. Attached when recorded: death certificate of the deceased survivorship tenant (certified copy of a death certificate). Recording is not a condition of the transfer.

Legal Sources

(11)·Updated October 26, 2026

SimplyTrust Editorial

R.C. 5302.17
R.C. 5302.20
R.C. 319.20
R.C. 319.202
R.C. 5302.222
R.C. 5302.22(C)
R.C. 5302.221
ORC 317.32(A)(1)(a)-(b); ORC 317.36(A); Montgomery County Recorder fees
R.C. 2319.02; R.C. 147.011(C)
R.C. 5302.20(B); R.C. 5302.17
mcohio.org

Data sourced from Ohio statutes and official state code and County Recorder primary sources (3 pages reviewed). How we research.

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Affidavit of Death for Montgomery County, Ohio

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