Kettering-area solo practice off East Dorothy Lane, handling matters before the Montgomery and Greene county probate courts. Represents executors and beneficiaries through estate administration and asset distribution, and sets up guardianships for incapacitated adults. Estate planning, probate, and guardianship make up the core of the practice.
Estate Planning for Montgomery County, Ohio Property Owners
For most Montgomery 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 Montgomery 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 Montgomery 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 about $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 Montgomery County
A transfer on death designation affidavit names a beneficiary who receives Montgomery 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.
Where to Record Property Documents
Deeds and other real property documents for Montgomery County are 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.
The County Recorder charges $39 for the first 2 pages plus $8 for each page beyond 2. A 2-page transfer on death designation affidavit costs $39 to record in Montgomery County. A transfer on death designation affidavit is exempt from transfer tax.
Montgomery County accepts electronic recording through Simplifile.
Recording Office Record
County Recorder
Montgomery County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
451 West Third Street, Dayton, OH 45422
Website
E-recording
Fees
Recording fees
| Base fee (first 2 pages) | $39 |
| Each page beyond 2 | $8 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
ORC 317.32(A)(1)(a)-(b); ORC 317.36(A); Montgomery County Recorder fees
Verified October 16, 2026 · Source
Estate Planning Attorneys Serving Montgomery County
Dungan & LeFevre traces its origins to 1905 in downtown Troy and was formed in its current configuration through a 1991 merger. The full-service firm handles estate planning, probate and trust administration, elder law, and business succession from offices in Troy and Greenville, serving Miami and Darke counties.
O'Diam & Estess Law Group, Inc.
8039 Washington Village Drive, Suite 110, Washington Township, OH 45458
Washington Township firm just south of Dayton, appearing in the Montgomery and Greene county probate courts. Guides families through estate administration after a death, along with guardianships, adoptions, and trust administration, and handles long-term-care and Medicaid asset-protection work for aging clients. Special needs planning rounds out the settlement-side practice.
Coolidge Wall has served the Dayton area since 1853 and has stayed true to its Dayton roots. Their estate planning attorneys have extensive experience with probate administration, post-mortem planning, and business succession.
Gudorf Law Group has served Ohio since 1992 with estate planning, elder law, probate, and trust administration. The firm includes two OSBA Board Certified Specialists in Estate Planning, Trust & Probate Law, a distinction held by fewer than 200 attorneys statewide.
Roberson Law serves over 4,000 clients and is one of the premier estate planning firms in the Dayton area. Partners Nancy Roberson and Kristina Rainer are both OSBA Board Certified Specialists in Estate Planning, Trust & Probate Law, and members of the Ohio Chapter of NAELA.
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.
Legal Sources
(2)·
Data sourced from Ohio statutes and official state code. How we research.
Forms for Planning Your Estate in Ohio
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.
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Last Will and Testament
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.
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Codicil to a Will
In Ohio, a codicil is signed before 2ORC § 2107.03Verified Oct 19, 2026View source witnesses, like a will.
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Healthcare Power of Attorney
Ohio allows a choice for a healthcare power of attorney: 2ORC § 1337.17Verified Oct 15, 2026View source witnesses or a notary.
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HIPAA Release
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.
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Financial Power of Attorney
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.
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Transfer on Death Deed
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.
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Vehicle Transfer on Death
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.
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Living Will
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.
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Tools for Planning Your Estate in Ohio
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.
How Do I Sign Estate Documents?
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.
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Will My Estate Documents Transfer?
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.
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Trust or Will: Which Costs Less?
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.
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How Much Does a Revocable Living Trust Cost?
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.
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How Much Does a Will Cost?
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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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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How Do I Name a Guardian for My Minor Children?
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.
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Do I Need a Revocable Trust?
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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Ohio Estate Planning Articles
Estate planning articles for Ohio.
