For most Hamilton 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 Hamilton 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 Hamilton 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, Hamilton County property passes through the Probate Court — even simple Ohio probates run 6+ months and start with $260 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 Hamilton 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 Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathORC 5302.22 to 5302.24Verified Oct 19, 2026View source.
Deeds and other real property documents for Hamilton County are recorded with the County Recorder at 138 East Court Street, Room 205, Cincinnati, OH 45202. Phone: 1-513-946-4570. Hours: Monday-Friday 7:30 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 Hamilton County comes to $34. A transfer on death designation affidavit is exempt from transfer tax.
Hamilton County accepts electronic recording through Hopdox, Simplifile and CSC.
Recording Office Record
Hamilton County
Phone
Hours
Office
Website
E-recording
Fax
Recording fees
| Base fee (first 2 pages) | $34 |
| Each page beyond 2 | $8 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
ORC 317.32(A)(1); ORC 317.36(A)
Verified October 16, 2026 · Source
FirmMilford, OH
Serves Clermont County from Main Street in Milford, filing in the Clermont County Probate Court in Batavia. Handles probate administration — the court process of transferring a decedent’s property — along with guardianship and adoption matters that arise when a family member dies. In the Milford community since 1977.
PracticesEstate PlanningProbateGuardianshipBusiness LawReal Estate
FirmLebanon, OH
A Lebanon general practice serving Warren County and greater Cincinnati, filing in the Warren County Probate Court on Memorial Drive. Handles probate and elder law alongside real estate, foreclosure, and small business matters — the mix of work an estate often needs when a family also has property or a business to settle.
PracticesEstate PlanningProbateElder LawBusiness LawReal Estate
FirmWest Chester, OH
Butler County firm with offices in West Chester and downtown Hamilton, filing in the Butler County Probate Court and neighboring courts. Assists executors and trustees with estate administration and trust settlement, and handles the transfer of family-business interests when an owner dies. One of the oldest continuously operating practices in the region.
PracticesEstate PlanningTrust AdministrationProbateBusiness Succession
FirmCincinnati, OH
Serves Hamilton County from Montgomery Road in northeast Cincinnati, filing in the Hamilton County Probate Court. Its estate planning and administration practice carries estates and trusts through settlement for owners of family and closely held businesses, with the related tax work those estates raise. Mark Stiebel is an OSBA certified specialist in Estate Planning and Probate Law.
PracticesEstate PlanningTrust AdministrationProbateTax PlanningBusiness Succession
FirmMason, OH
Mason office covering the Warren County Probate Court and neighboring Butler, Hamilton, Clermont, and Clinton county courts. Works with executors and heirs moving assets through probate, along with trust drafting and asset-protection planning for families before death. Initial case reviews are offered in person, by phone, or by video conference.
PracticesEstate PlanningTrust AdministrationProbateAsset Protection
FirmCincinnati, OH
Kenwood-based practice serving the Hamilton County Probate Court and the surrounding Butler, Warren, and Clermont county courts. Handles trust settlement and estate administration for surviving spouses and adult-child executors, including Medicaid asset recovery and special needs beneficiary situations. Free consultation.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more
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.
Free forms for planning your estate in Ohio: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Ohio.
In Ohio, a will is signed before 2ORC § 2107.03Verified Oct 19, 2026View source witnesses, and no self-proving affidavit is availableORC § 2107.03Verified Oct 19, 2026View source.
In Ohio, a codicil is signed before 2ORC § 2107.03Verified Oct 19, 2026View source witnesses, like a will.
Ohio allows a choice for a healthcare power of attorney: 2ORC § 1337.17Verified Oct 15, 2026View source witnesses or a notary.
In Ohio, a HIPAA release names who may receive your records; the state regulates HIV/AIDS-related information and mental health recordsOhio Rev. Code § 3701.243(B)(1)(b), (E); Ohio Rev. Code § 5122.31(A)(1)Verified Jun 19, 2026View source above the federal rule, and the document carries each rule.
Ohio treats a power of attorney as durable by defaultORC §§ 1337.21–1337.64Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementORC §§ 1337.21–1337.64Verified Oct 21, 2026View source.
In Ohio, a transfer on death designation affidavit is signed before a notaryORC 5302.22 to 5302.24Verified Oct 19, 2026View source, then recorded with the county before the owner's deathORC 5302.22 to 5302.24Verified Oct 19, 2026View source. Ohio does not recognize a Lady Bird deed.
Ohio allows a transfer-on-death beneficiary designation on a vehicle titleOhio Rev. Code 2131.13Verified Oct 21, 2026View source, filed through the County Clerk of Courts Title Office (Ohio BMV oversees motor vehicle records) using Form BMV 3811.
In Ohio, the living will is the Living Will DeclarationOhio Rev. Code Chapter 2133 (§§ 2133.01-2133.15)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Free tools for planning your estate in Ohio: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Ohio and read its answer.
In Ohio, a will is signed before 2ORC § 2107.03Verified Oct 19, 2026View source witnesses, and notarization is not requiredORC § 2107.03Verified Oct 19, 2026View source.
Ohio recognizes a will signed under the law of the place where it was signedORC § 2107.18Verified Oct 19, 2026View source; a will signed in Ohio itself needs 2ORC § 2107.03Verified Oct 19, 2026View source witnesses, and notarization is not requiredORC § 2107.03Verified Oct 19, 2026View source.
In Ohio, a will-based plan pays probate attorney fees of typically 1.8%Modeled estimate under ORC § 2113.36 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under ORC § 2113.36 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
An attorney-prepared revocable living trust in Ohio runs $2,940Estimate: 10 hours at $294, Clio's Ohio Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,410Estimate: 15 hours at $294, Clio's Ohio Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
An attorney-prepared will in Ohio runs $942Estimate: 3 hours at $314, Clio's Ohio Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,884Estimate: 6 hours at $314, Clio's Ohio Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $26,234ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.
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In Ohio, a parent names a guardian for a minor child in a will or a separate signed writingOhio Rev. Code §§ 2111.12, 2111.121, 2111.02(D)(1)Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18Ohio Rev. Code § 3109.01Verified Sep 16, 2026View source.
Probate in Ohio takes 6 months to 9 months for a simple estate and charges attorney fees of typically 1.8%Modeled estimate under ORC § 2113.36 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under ORC § 2113.36 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
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