Transfer on Death Designation Affidavits in Ohio

A Probate Shortcut for Real Estate

For many Ohio families, a home is the most valuable asset in an estate. When the owner dies, the usual path is probate, which can take months and adds cost. Ohio offers a tool that can sidestep that process for real estate: the transfer on death designation affidavit, created under Ohio Revised Code Section 5302.22. It allows an owner to name who will receive the property at death while keeping full control during life.

Who Can Use a TOD Designation Affidavit

Under the statute, an individual who owns real property or an interest in it as a sole owner, a tenant in common, or a survivorship tenant may designate a beneficiary. Spouses who own property together as tenants by the entireties may also use it. If the owner is married, the owner's spouse must join in the affidavit and state that the spouse's dower rights are subordinate to the designated beneficiary's rights.

What the Affidavit Must Include

• A description of the real property and a reference to a recorded instrument containing that description
• The owner's statement that they are the owner of record and their marital status
• The name of each transfer on death beneficiary
• A statement of the specific interest, if less than the entire interest is being transferred
• A sworn statement before a person authorized to administer oaths, such as a notary

Recording Is Mandatory

The affidavit must be recorded with the county recorder in the county where the property is located before the owner's death. The recorder treats it like a deed, charges the same recording fee, and indexes it under the owner's name. It does not need to be delivered to the beneficiary, and no payment is required to make it effective. An affidavit that is signed but never recorded will not accomplish its purpose, which is a common and costly mistake for homeowners in Lucas County and across Ohio.

You Stay in Control

One of the biggest advantages is flexibility. The owner can still sell, mortgage, or give away the property during life, and the beneficiary has no rights until the owner dies. Under Ohio Revised Code Section 5302.23, the owner can also revoke or change the beneficiary at any time without the beneficiary's consent. After death, the transfer is completed by presenting the required documents to the county auditor and recorder.

What a TOD Affidavit Does Not Do

• It does not automatically protect the property from the owner's creditors or from certain claims, so ask your attorney about estate recovery rules
• It does not address personal property, bank accounts, or other assets in the estate
• It can create unequal results if the owner's will says something different or if beneficiaries are not named carefully
• It does not replace a full estate plan, particularly if you want to protect a minor or a beneficiary with special needs

Compare It With Other Options

A TOD affidavit is only one way to transfer property. Survivorship deeds, trusts, and wills each have strengths and tradeoffs. Our article on survivorship deeds explains one alternative that vests title in the surviving owner automatically.

Get the Paperwork Right

Because errors in descriptions, signatures, or recording can undermine the plan, it is wise to have the affidavit prepared with care. An Ohio title company can confirm the legal description and make sure the document is recorded properly, giving your family peace of mind when the time comes.