Does Ohio allow transfer on death deeds?

Yes. Ohio allows transfer on death designation affidavits under ORC 5302.22 to 5302.24. The deed transfers real property to a named beneficiary at death without probate.

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.

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Find out if a TOD deed is right for you

Select your state to see if a transfer on death deed can keep your property out of probate.

This tool provides general information about transfer on death deeds and is not legal advice. TOD deed availability and requirements vary by state. Consult a licensed attorney for guidance specific to your situation.

Frequently Asked Questions

Yes. Ohio allows transfer on death designation affidavits. 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.

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)).

Ohio allows transfer on death designation affidavits for all types of real property, including homes, land, condominiums, and commercial properties.

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.

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.

TOD Deeds in Ohio

Ohio allows transfer on death deeds (Yes), which transfer real property directly to a named beneficiary at death without probate. The deed is revocable during the owner's lifetime and does not affect the ability to sell, mortgage, or otherwise use the property.

Probate in Ohio takes at least 6 months for simple estates. A TOD deed eliminates probate for the property it covers, regardless of value. For estates under $35,000, simplified procedures exist, but they still involve court paperwork. Compare the costs with the Ohio probate calculator.

A TOD deed covers only real property and requires a separate deed for each parcel. A revocable trust covers all asset types in a single document and avoids probate for everything it holds. For families with multiple assets beyond real estate, the trust vs. will comparison shows the trade-offs.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from Ohio statutes and official state code. How we research.

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