Do I Need a Transfer on Death Deed in Ohio?
Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.
Frequently Asked Questions
Yes. Ohio allows transfer on death designation affidavits.ORC 5302.22 to 5302.24Verified Aug 24, 2026 The deed transfers real property to a named beneficiary at death without probate. See how this compares to a trust with the probate calculator.
A transfer on death designation affidavit in Ohio requires a notary jurat (sworn verification). The signed deed must be recorded at the county recorder before death to be effective. Must be recorded in the office of the county recorder in the county where the property is located before the owner's death. ORC 5302.22(E)-(F). Recording fee equals deed recording fee.ORC 5302.22 to 5302.24Verified Aug 24, 2026
Yes. A transfer on death designation affidavitis revocable at any time during the owner's lifetime. Revocation methods in Ohio include: Executing and recording, before the owner's death, a new Transfer on Death Designation Affidavit that states the revocation or change. The new affidavit automatically supersedes and revokes all prior recorded affidavits for the same property, provided the prior affidavit was executed before the later-recorded one (ORC 5302.23(B)(5)), Divorce, dissolution, or annulment automatically revokes a spousal beneficiary designation — former spouse is deemed to have predeceased the owner (ORC 5302.23(B)(12), (C)).ORC 5302.22 to 5302.24Verified Aug 24, 2026
Ohio allows transfer on death designation affidavits for all types of real property, including homes, land, condominiums, and commercial properties.ORC 5302.22 to 5302.24Verified Aug 24, 2026
Yes. Ohio allows multiple beneficiaries on a transfer on death designation affidavit. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.ORC 5302.22 to 5302.24Verified Aug 24, 2026
A transfer on death designation affidavit transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the Ohio probate calculator to estimate the cost of probating remaining assets.
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