Transfer on Death Deeds in Ohio

For many families, the house is the largest asset that would otherwise go through probate. Ohio law offers an elegant solution: the transfer on death (TOD) designation affidavit, which passes your real estate directly to the beneficiaries you name, with no probate court required.

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How a TOD Designation Works

You record an affidavit with the county recorder naming who receives the property at your death. Until then, nothing changes: you still own the home outright, can sell it, refinance it, or change your mind at any time. At your death, your beneficiaries record a simple affidavit and the property is theirs, in weeks rather than the 9 to 18 months probate can take.

Why Have an Attorney Prepare It?

A TOD affidavit must be drafted, executed, and recorded precisely to be valid, and the right answer isn’t always the obvious one. Should the property pass to children equally? What if one predeceases you? What about a child on government benefits, or one going through divorce? We make sure the deed works with the rest of your estate plan rather than accidentally against it.

TOD Deed or Living Trust?

A TOD affidavit is a great tool for straightforward situations. If you have multiple properties, blended-family considerations, or want structured distributions, a revocable living trust may serve you better. We’ll give you an honest recommendation either way.

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