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.

More estate planning resources

Explore related tools and documents to complete your estate plan.

Free

Last Will and Testament

Create a free, state-specific will with witness and notarization requirements included.

Get Started
Free

Healthcare Power of Attorney

Designate someone to make medical decisions on your behalf.

Get Started
Free

Financial Power of Attorney

Designate someone to manage your financial affairs.

Get Started
Free

Transfer on Death Deed

Transfer real property to a beneficiary upon your death without probate.

Get Started
Free

Vehicle Transfer on Death

Name a beneficiary to inherit your vehicle at death without probate.

Get Started

How Much Does Probate Cost?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.

Use Calculator

Who Inherits Without a Will?

Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.

Use Calculator

How Much Are Estate & Inheritance Taxes?

Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.

Use Calculator

What Does Estate Planning Actually Cost?

See the true cost of estate planning. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys including life events like marriage, divorce, and having children.

Compare Costs

How Much Does a Revocable Living Trust Cost?

Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.

Compare Costs

How Much Does a Will Cost?

Compare the cost of creating a will. See document costs plus probate fees your heirs will pay. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys.

Compare Costs

Ohio Estate Planning Resources

In-depth guides covering Ohio probate laws, trust requirements, and estate planning strategies.