Ohio is one of just a few states that allow the transfer of property, upon death, without the need to go through probate. Previously called a Transfer on Death Deed, the law changed effective December 28, 2009. While the intent is the same, the new document is referred to as a Transfer on Death Beneficiary Designation Affidavit. When properly prepared and executed, the affidavit will allow real estate to pass to the beneficiary when proper documentation regarding the death is provided to the county recorder.
Obtain a copy of the Transfer on Death Beneficiary Designation Affidavit form from your county recorder or print off an on-line copy.
State on the form whether or not you are married. If married, your spouse also needs to sign the form.
Complete the description of the property, its instrument number and, if only part of the property is being transferred, a description of that portion. Obtain detailed property information from your county records.
Name the beneficiary or beneficiaries. Include detailed information on what you want transferred if more than one beneficiary and the property will be divided among them.
Sign the form in front of a notary public.
File the form at your county recorder’s office.
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