Ohio property deeds
Deed rules are state law, and Ohio's differ from its neighbors in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- Recording office
- County Recorder
- Witnesses
- Notary only
- Transfer tax
- $1 to $4 per $1,000 of value
- First-page margin
- 3″ top
- Recording fee
- ~$34 up to 2 pages
- E-recording
- Approved submitters
Deeds Ohio recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer on death designation affidavit | Names who inherits your property, skips probate, and changes nothing while you're alive. | Yes |
| Lady Bird Deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
Ohio does not recognize lady bird deeds, so recording one here may not do what you want.
How a deed has to be signed in Ohio
Ohio requires the grantor's signature to be acknowledged before a notary public. No witnesses are required. Ohio eliminated the two-witness requirement for deeds effective February 1, 2002. A notarial acknowledgment is all the statute requires today (Ohio Rev. Code § 5301.01).
| Requirement | Rule |
|---|---|
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. |
| Witnesses | None |
| Preparer statement | Required |
| Grantee address on the deed | Required |
| Prior deed reference | Required |
| Spousal joinder | A married owner's spouse must sign to release dower, even when the spouse is not on the title (Ohio Rev. Code § 2103.02). If the spouse does not sign, the deed still records, but the spouse keeps a dower interest (a life estate in one third) that clouds the new owner's title, and title companies will insist on the release. |
Ohio document formatting rules
A safe layout for Ohio is 8.5 × 11 inch paper with a 3-inch clear space at the top of the first page for the county recorder's stamp, 1-inch margins elsewhere, and no type smaller than 10 point. That is the profile Deedly formats every Ohio document to. Writing into the recorder's stamp area is the most common formatting rejection there is.
- Ohio requires 10-point type in black or blue ink, 1-inch side and bottom margins, a 3-inch blank strip across the top of the first page reserved for county officials, and a 1.5-inch top margin on each later page (Ohio Rev. Code § 317.114). Nonconforming documents record with an extra fee.
Ohio transfer tax and recording fees
Ohio charges Conveyance fee at $1 to $4 per $1,000 of value, paid by the grantor to the county auditor (a mandatory conveyance fee of $1 per $1,000, minimum $1, under R.C. 319.54(G)(3), plus a county real property transfer tax of up to $3 per $1,000 under R.C. 322.02). Neither is state revenue: the mandatory fee is credited to the county general fund (R.C. 319.54(G)(3)), and the other is a county tax (R.C. 322.02). Ohio law bars a city or village from levying a tax "the same as or similar to" the county transfer tax (R.C. 715.013), so the rate above is the whole tax.
Common exemptions: transfers between spouses, gifts between spouses and gifts between a parent and child or the spouse of either, and transfers into a trust the grantor can revoke and transfers from that trust back to the grantor.
A form has to travel with the deed
Ohio requires Form DTE 100 (Real Property Conveyance Fee Statement of Value and Receipt) or, for an exempt transfer, Form DTE 100EX (Statement of Reason for Exemption From Real Property Conveyance Fee) with most recorded deeds, including gifts and other exempt transfers. Recorders reject packages that are missing it.
Recording fees run about $34 for up to 2 pages and $8 for each page after that. Ohio's recording fee is set by state law, not by the county: $34 covers the first two pages, and each page after that is $8 (Ohio Rev. Code § 317.32). Counties that have adopted the document preservation surcharge add up to $5; Cuyahoga, for example, charges $39 for the first two pages. A document that does not meet Ohio's format rules costs $20 more (Ohio Rev. Code § 317.114).
See how Ohio's transfer tax and recording fee compare with other states.
How to hold title in Ohio
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
Dower or curtesy still applies here
Ohio is one of the last states to retain dower. A married owner's spouse must sign to release dower rights even if not on the title (Ohio Rev. Code § 2103.02).
Where to record a deed in Ohio
Deeds are recorded with the County Recorder in the county where the property is located. Ohio has 88 counties. Many offices accept e-recording, but usually only from approved submitters such as title companies, attorneys, and lenders.
Franklin · Cuyahoga · Hamilton · Montgomery · Summit · Lucas · Butler · Stark · Lorain · Warren · Delaware. all Ohio recording offices
Why deeds get rejected in Ohio
- Ohio does not use transfer-on-death deeds anymore. Since December 2009 the correct instrument is a transfer on death designation AFFIDAVIT under R.C. 5302.22. A TOD deed signed in Ohio today does nothing.
- Ohio still has DOWER. A married owner's spouse must sign the deed to release dower rights even when the spouse's name is nowhere on the title. Without that signature the deed still records, but the spouse keeps a dower interest that clouds the title, and title companies will insist on the release.
- Ohio eliminated the old two-witness requirement in 2002; a notary alone is sufficient. Online forms still showing witness lines are outdated.
- The grantee, or the grantee's representative, files Form DTE 100 (or DTE 100EX for an exempt transfer) with the county auditor, who stamps the deed "transferred" or "transfer not necessary". The recorder will not record a deed without that stamp (R.C. 319.202, 317.22).
- Every Ohio deed must cite the recorded instrument the grantor took title under (its instrument number, or volume and page). The county auditor will not transfer a deed without it (R.C. 319.20).
- Ohio recognized tenancy by the entirety only for deeds recorded from February 9, 1972 through April 3, 1985. None can be created now. Use a survivorship tenancy under R.C. 5302.17 instead.
- In Cuyahoga and Summit counties there is no County Recorder. Deeds are recorded by the county Fiscal Office.
From $29. Every Ohio rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, and record it with the County Recorder in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a transfer-on-death deed for probate avoidance.
No. Ohio does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
About $34 for up to 2 pages and $8 for each page after that. Ohio also charges conveyance fee at $1 to $4 per $1,000 of value, paid by the grantor to the county auditor (a mandatory conveyance fee of $1 per $1,000, minimum $1, under R.C. 319.54(G)(3), plus a county real property transfer tax of up to $3 per $1,000 under R.C. 322.02).
Yes. The statute is Ohio Rev. Code § 5302.22. Ohio calls it a transfer on death designation affidavit. It must be recorded before the owner's death to be effective.
Keep reading
- Ohio quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Ohio general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Ohio special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Ohio transfer on death designation affidavitNames who inherits your property, skips probate, and changes nothing while you're alive.
- Ohio recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.