Ohio's recorded instrument, affidavit stating facts relating to title, including facts of death, family history and heirship, rests on the general recording statute for affidavits of facts affecting title to land. What a recorded affidavit does, in the statute's words: When so recorded, such affidavit, or a certified copy, shall be evidence of the facts stated, insofar as such facts affect title to real estateR.C. 5301.252(A), as quoted in State ex rel. H&S Invest. Properties, L.L.C. v. Yamamoto, 2026-Ohio-1505, ¶ 19Verified Sep 24, 2026View source. It is evidence of the facts it states, not a deed; it does not itself transfer title, and a purchaser, lender or title company decides whether to rely on it.
Who may sign, in the statute's words: any person having knowledge of the facts or competent to testify concerning them in open courtR.C. 5301.252(A), as quoted in 2026-Ohio-1505, ¶ 19Verified Sep 24, 2026View source. The statute names no witness requirementR.C. 5301.252(A)-(E), as quoted in 2026-Ohio-1505, ¶ 19Verified Sep 24, 2026View source. Title companies commonly ask that the affiant be someone other than an heir, or that two people who know the family sign; the office relying on the affidavit sets what it will accept. It states: Facts relating to any of the matters in division (B), including (1) age, sex, birth, death, capacity, relationship, family history, heirship, names, identity of parties, marriage, residence, or service in the armed forces; A description of the land, title to which may be affected by the facts stated; A reference to an instrument of record containing that description; The name of the person appearing by the record to be the owner of the land at the time of recordingR.C. 5301.252(B)(1), (D), as quoted in 2026-Ohio-1505, ¶ 19Verified Sep 24, 2026View source.
The state's intestacy statute sets the order: the surviving spouse and children first, then parents, siblings, and more distant relatives, with shares that differ by state. The Who Inherits Calculator applies your state's order and shows each person's share.
Directly from the institution, on its claim form, with the death certificate and the beneficiary's identification. The policy or account passes outside the estate and does not wait for probate. The letter of instruction is addressed to the specific insurer or bank and follows its published document list.
In most states, yes, when the estate is under the state's small estate limit and the waiting period after the death has passed. The heir presents the small estate affidavit to the bank or other holder of the property. The builder checks the estate against your state's limit before it produces the document.