For most Fayette 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.
For a Fayette 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 Fayette 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.
Without a recorded beneficiary designation or a trust, Fayette County property passes through the Probate Court — even simple Ohio probates run 6+ months and start with about $200 in filing fees. Ohio also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A transfer on death designation affidavit names a beneficiary who receives Fayette 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.
Deeds and other real property documents for Fayette County are recorded with the County Recorder at 133 S. Main St., Suite 305, Washington Court House, OH 43160. Phone: 740-335-1770. 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. Recording a 2-page transfer on death designation affidavit in Fayette County comes to $34. A transfer on death designation affidavit is exempt from transfer tax.
Fayette County accepts electronic recording through Simplifile.
Recording Office Record
Fayette County
Address
Phone
Fax
Hours
E-recording
Recording fees
| Base fee (first 2 pages) | $34 |
| Each page beyond 2 | $8 |
| Transfer tax on a TOD deed | Exempt |
ORC 317.32(A)(1); ORC 317.36(A)
Verified September 8, 2026 · Source
FirmWashington Court House, OH
Butler & Marshall has served the Tri-County area from Washington Court House since 1984. The firm handles wills, estates, trusts, probate, bankruptcy, family law, and real estate for clients across Fayette, Pickaway, Ross, Madison, and Clinton counties.
PracticesEstate PlanningTrust AdministrationProbate
Solo PracticeHillsboro, OH
Schroeder Law Group serves Highland County and surrounding southern Ohio communities from Hillsboro. Attorney James Schroeder handles estate planning, probate, real estate, business law, and nonprofit formation. Licensed in Ohio, New Jersey, New York, Pennsylvania, and the District of Columbia.
PracticesEstate PlanningProbate
Solo PracticeCircleville, OH
Tootle Law Office serves Pickaway and Ross counties from Circleville, handling probate, estate planning, elder law, and wills. Attorney Matthew Tootle also serves clients in Ashville, Kingston, Laurelville, Amanda, Lancaster, Logan, and Washington Court House.
PracticesEstate PlanningProbateElder Law
FirmGallipolis, OH
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
FirmPortsmouth, OH
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
FirmZanesville, OH
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
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.
Data sourced from Ohio statutes and official state code. How we research.
Estate planning articles for Ohio.
Forms and tools for property owners in Fayette County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for Ohio.
