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 Jun 1, 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 notarization (jurat). The signed deed must be recorded at the county recorder before death to be effective.ORC 5302.22 to 5302.24Verified Jun 1, 2026
Yes. A transfer on death designation affidavitis revocable at any time during the owner's lifetime. Revocation methods in Ohio include: Recording a new Transfer on Death Designation Affidavit that automatically supersedes all prior affidavits for the property, 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 Jun 1, 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 Jun 1, 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 Jun 1, 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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Ohio Estate Planning Resources
In-depth guides covering Ohio probate laws, trust requirements, and estate planning strategies.
