What Happens to Jointly Owned Property in Ohio When an Owner Dies?
When a joint owner dies in Ohio, what the survivor records is the “Affidavit on the death of a survivorship tenantR.C. 5302.17Verified Oct 26, 2026View source”.
Ohio names the “Affidavit on the death of a survivorship tenantR.C. 5302.17Verified Oct 26, 2026View source”. Ohio law lets a survivorship tenant's death be recorded by an affidavit, with a certified copy of the death certificate, presented to the county auditor and filed with the county recorder. Title vests in the survivors at the death; recording is optionalR.C. 5302.17Verified Oct 26, 2026View source. The affidavit of death is prepared to the Ohio statute's requirements.
Who may sign, in the statute's words: R.C. 5302.17 names no affiant for the affidavit on the death of a survivorship tenantR.C. 147.011(C)Verified Oct 26, 2026View source. The document is sworn before a notary public, who completes the juratR.C. 2319.02; R.C. 147.011(C)Verified Oct 26, 2026View source.
What the statute has it state: the names of the other survivorship tenant or tenants; the address of the other survivorship tenant or tenants; the date of death of the decedent; a description of the real property; a reference to the recording of the instrument by which the decedent and the survivors took title (volume and page, or other identification of the recording)R.C. 5302.17Verified Oct 26, 2026View source. Attached when recorded: death certificate of the deceased survivorship tenant (certified copy of a death certificate)R.C. 5302.17Verified Oct 26, 2026View source.
Filed with the Affidavit on the death of a survivorship tenantR.C. 5302.17Verified Oct 26, 2026View source: Statement of Reason for Exemption From Real Property Conveyance Fee (DTE 100EX)R.C. 319.202; R.C. 319.54(G)(3)(n)Verified Oct 26, 2026View source.
Ohio owners hold with a right of survivorship as survivorship tenants, under a deed or will to two or more persons for their joint lives and then to the survivor or survivors of them. Tenancies by the entireties created by deeds recorded before April 4, 1985 continue. A probate court certificate of transfer may be presented in place of the affidavitR.C. 5302.17; R.C. 5302.20; R.C. 319.20; R.C. 319.202Verified Oct 26, 2026View source.
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Free forms for settling an estate in Ohio: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Affidavit of Death
In Ohio, a surviving joint owner records the “Affidavit on the death of a survivorship tenantR.C. 5302.17Verified Oct 26, 2026View source”; a transfer on death deed beneficiary records the “Affidavit of confirmationR.C. 5302.222(A)Verified Oct 26, 2026View source”.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Petition for Probate and Letters
In Ohio, the petition asks the Probate Court to appoint the personal representative, whose authority is proved by Letters of Authority; every appointment goes through the courtORC §§ 2107.18, 2113.05 (probate court admits the will and issues letters; no registrar/clerk track)Verified Sep 8, 2026View source.
Notice to Creditors
In Ohio, creditors have 6 monthsORC § 2117.06 (eff. 4-3-2023, SB 202, 134th GA)Verified Sep 8, 2026View source from the date of death to present claims.
Renunciation of Executor
In Ohio, a person named as executor may refuse the appointmentOhio Rev. Code 2113.12Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Ohio, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areR.C. 5301.252; R.C. 2106.18 and 4505.10 (BMV 3773); R.C. 2123.01Verified Sep 24, 2026View source; once recorded it is admissible as evidence of the facts stated.
Estate Inventory
In Ohio, the personal representative files the estate inventory within 90 daysR.C. §§ 2115.02, 2115.06, 2113.69Verified Sep 15, 2026View source of appointment.
Tools for Settling an Estate in Ohio
Free tools for settling an estate in Ohio: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Ohio, certified death certificates come from the Ohio Department of Health - Bureau of Vital StatisticsOhio Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source; the first copy costs $22Ohio Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source.
Do I Need Probate?
In Ohio, estates valued at $35,000codes.ohio.gov: ORC § 2113.03Verified Sep 8, 2026View source or less qualify for the Release from Administrationcodes.ohio.gov: ORC § 2113.03Verified Sep 8, 2026View source, a court procedure short of full probate.
Do I Have to File Tax Returns for Someone Who Died?
Ohio requires a final state income tax return for the decedent alongside the federal Form 1040Ohio Rev. Code § 5747.02Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Ohio: the personal representative files the estate inventory within 90 daysR.C. §§ 2115.02, 2115.06, 2113.69Verified Sep 15, 2026View source of appointment; creditors have 6 monthsR.C. §§ 2117.06, 2117.07, 2117.12, 2117.25Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
What Do I Do When Someone Dies?
After a death in Ohio, the estate either qualifies for the simplified procedure for estates under $35,000codes.ohio.gov: ORC § 2113.03Verified Sep 8, 2026View source or goes through probate, where creditors have 6 monthsORC § 2117.06 (eff. 4-3-2023, SB 202, 134th GA)Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Ohio levies no estate or inheritance taxNo state estate or inheritance tax; estate tax repealed for deaths on/after Jan 1, 2013 (Ohio Rev. Code § 5731.02 levies only on persons "dying on or after July 1, 1968, and before January 1, 2013")Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Ohio imposes no inheritance or estate taxNo state estate or inheritance tax; estate tax repealed for deaths on/after Jan 1, 2013 (Ohio Rev. Code § 5731.02 levies only on persons "dying on or after July 1, 1968, and before January 1, 2013")Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
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Ohio Estate Settlement Resources
In-depth guides covering Ohio probate, estate administration, and settling an estate.