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.
Estate Planning for Washington County, Ohio Property Owners
For most Washington 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 Washington 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 Washington 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, Washington County property passes through the Probate Court — even simple Ohio probates run 6+ months and start with $300 in 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 Washington County
A transfer on death designation affidavit names a beneficiary who receives Washington 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 Washington County are recorded with the County Recorder at 205 Putnam Street, Marietta, OH 45750. Phone: 1-740-373-6623. Hours: Monday-Friday 8:00 AM-4:30 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 Washington County comes to $34. A transfer on death designation affidavit is exempt from transfer tax.
Washington County accepts electronic recording through CSC, ePN and Simplifile.
Recording Office Record
County Recorder
Washington County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
205 Putnam Street, Marietta, OH 45750
Website
E-recording
Fax
1-740-373-9643
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
Estate Planning Attorneys Serving Washington County
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.
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.
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.
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.
Serves Jackson County and southeast Ohio from Jackson. Attorney Richard M. Lewis handles estate planning and probate, including wills, trusts, and the settlement of estates through probate court. In practice for over four decades.
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
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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.
