Estate Planning for Athens, Ohio Property Owners

For most Athens County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a Athens County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Probate Court. The two tools that keep a Athens County home out of probate are a transfer-on-death deed recorded with the County Recorder, and a revocable living trust that holds title to the property.

Skipping this planning step means the Probate Court decides who receives the property: a simple Ohio probate takes 6+ months and opens with $200 in court filing fees. Ohio also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Athens County

A transfer on death designation affidavit names a beneficiary who receives Athens County property automatically at the owner's death, without probate. It is recorded with the County Recorder during the owner's lifetime and can be revoked at any time.

Before recording, an Ohio transfer on death designation affidavit is signed with a notary juratORC 5302.22 to 5302.24Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathORC 5302.22 to 5302.24Verified Aug 24, 2026View source.

Create a OhioTOD deed →Athens Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Athens County are recorded with the County Recorder, led by County Recorder Jessica Markins, at 15 S. Court St., Room 236, Athens, OH 45701. Phone: 740-592-3228. Hours: Monday - Friday, 8:00 AM - 4:00 PM.

The County Recorder charges $34 for the first 2 pages plus $8 for each page beyond 2. A 2-page transfer on death designation affidavit costs $34 to record in Athens County. A transfer on death designation affidavit is exempt from transfer tax.

Recording Office Record

County Recorder

Athens County · County Recorder · Jessica Markins

Address

15 S. Court St., Room 236Athens, OH 45701

Hours

Monday - Friday, 8:00 AM - 4:00 PM
Visit recorder website →

Recording fees

Base fee (first 2 pages)$34
Each page beyond 2$8
Transfer tax on a TOD deedExempt

ORC 317.32(A)(1); ORC 317.36(A)

Open in Google Maps

Verified September 8, 2026 · Source

Estate Planning Attorneys Serving Athens County

Solo PracticeAthens, OH

Susan Gwinn, Attorney at Law

Serves 5 counties

Susan Gwinn Law has represented thousands of clients across southeastern Ohio. A former Assistant Attorney General for 14 years who represented the State of Ohio in courts across Southeast Ohio, Attorney Gwinn also served as committee chairperson in Athens County for establishing the first comprehensive rules for the Athens County Probate Court.

PracticesEstate PlanningTrust AdministrationProbateElder LawGuardianship

Office
86 Columbus Circle, Suite 101Athens, OH 45701

FirmGallipolis, OH

Cherrington, Moulton & Evans

Since 1908

A family-run practice in Gallipolis, across from the Gallia County Courthouse, serving Gallia, Jackson, and Meigs counties since 1908. Attorney David C. Evans handles estate administration and probate, wills, guardianships, powers of attorney, and living wills.

PracticesEstate PlanningProbate

Office
463 2nd AvenueGallipolis, OH 45631

FirmPortsmouth, OH

Hoover Law Group LLC

Since 1989

Hoover Law Group serves southern Ohio and northern Kentucky from offices in Portsmouth and Waverly. The firm has been in operation since 1989. Their attorneys bring diverse courtroom experience, having served as a judge, magistrate, and litigators.

PracticesEstate PlanningProbate

Office
621 7th StreetPortsmouth, OH 45662

FirmZanesville, OH

Kincaid, Taylor & Geyer

Since 1895

Kincaid, Taylor & Geyer is the oldest continuously practicing law firm in Muskingum County, with roots tracing to 1895. The firm provides estate planning and administration services ranging from simple wills and powers of attorney to complex estate and tax planning for families that own businesses.

PracticesEstate PlanningTrust AdministrationProbateTax PlanningGuardianship

Office
50 North Fourth StreetZanesville, OH 43701

Solo PracticeMarietta, OH

Law Office of Matthew D. Scott

Since 2022

MDS Law Ohio was founded in 2022 by Matthew D. Scott, who has prepared over 2,500 estate plans across California, Ohio, and West Virginia. The firm provides estate planning, wills, trusts, probate administration, elder law, and business succession services to families in Washington County and the greater Marietta area.

PracticesEstate PlanningTrust AdministrationProbateElder LawBusiness Succession

Office
328 4th StreetMarietta, OH 45750
Free consultation

FirmChillicothe, OH

Rutherford Law Office

Since 1998

Rutherford Law Office was established in 1998 in Chillicothe and serves Ross County and surrounding Southeast Ohio communities. Attorney Sherri K. Rutherford is a member of the OSBA committees on Elder Law and Estate Planning, Trust and Probate Law. The firm handles wills, trusts, probate, and Medicaid planning.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more

Office
95 West Main StreetChillicothe, OH 45601
See all 21 firms serving Athens County→

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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