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.

Record a TOD deedWhere to recordLocal attorneys

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 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 →Montgomery Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Montgomery County are recorded with the County Recorder at 451 W. Third St., Dayton, OH 45422. Phone: 937-225-4275. Hours: Monday - Friday, 8:00 AM - 5:00 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 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

Address

451 W. Third St.Dayton, OH 45422

Hours

Monday - Friday, 8:00 AM - 5:00 PM

E-recording

Available via SimplifileE-recording info →
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 Montgomery County

Solo PracticeDayton, OH

David R. Schmidt, Attorney at Law

Serves 4 counties

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.

PracticesEstate PlanningTrust AdministrationProbateGuardianship

Office
1200 East Dorothy LaneDayton, OH 45419

FirmTroy, OH

Dungan & LeFevre Co., L.P.A.

Since 1905 · Serves 5 counties

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.

PracticesEstate PlanningTrust AdministrationProbateElder LawBusiness Succession

Office
210 West Main StreetTroy, OH 45373

FirmWashington Township, OH

O'Diam & Estess Law Group, Inc.

Serves 5 counties

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.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more

Office
8039 Washington Village Drive, Suite 110Washington Township, OH 45458

FirmDayton, OH

Coolidge Wall Co., L.P.A.

Since 1853

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.

PracticesEstate PlanningTrust AdministrationProbateTax PlanningBusiness Succession

Office
33 West First Street, Suite 200Dayton, OH 45402

FirmDayton, OH

Gudorf Law Group, LLC

Since 1992

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.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 5 more

Office
8153 North Main StreetDayton, OH 45415
Free consultation

FirmDayton, OH

StachlerHarmon Attorneys at Law

StachlerHarmon Attorneys at Law has represented hundreds of clients in the Dayton area in probate and estate planning matters for over 25 years. The firm handles estate planning, wills, trusts, probate administration, probate litigation, and guardianships.

PracticesEstate PlanningTrust AdministrationProbateProbate LitigationGuardianship

Office
7810 McEwen Road, Suite BDayton, OH 45459
See all 20 firms serving Montgomery 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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