Ohio transfer on death designation affidavit
A transfer on death designation affidavit lets you name who inherits your Ohio property without probate, while you keep full ownership and the right to change your mind. Here is exactly what Ohio requires, what it costs, and where to file it.
- Recording office
- County Recorder
- Witnesses
- Notary only
- Transfer tax
- $1.00 per $1
- First-page margin
- 3″ top
- Recording fee
- ~$34 first page
- E-recording
- Generally available
What a transfer on death designation affidavit does in Ohio
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado, Missouri and New Mexico) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate on proof of death.
In Ohio the governing statute is Ohio Rev. Code § 5302.22. Ohio replaced the transfer-on-death DEED with a transfer on death designation AFFIDAVIT in 2009. A TOD deed executed in Ohio today is ineffective. The affidavit is the correct instrument, and it is recorded by the current owner.
Less common in Ohio
Transfer on death designation affidavits are valid here but used less often than in other states. Read the limitations below carefully before choosing one.
When Ohio homeowners use a transfer on death designation affidavit
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
What Ohio requires on the deed
These are the execution and formatting rules county recorders enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Ohio says |
|---|---|
| Recording office | County Recorder |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Required. The deed must name who drafted it. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
| Accompanying form | Form DTE 100 (Real Property Conveyance Fee Statement) or DTE 100(EX) for exempt transfers |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
A spouse may have to sign even if they are not an owner
A spouse must sign to release dower rights in Ohio. This catches almost every DIY Ohio deed.
How to complete and record it in Ohio
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Recorder can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with Ohio's statutory language, the correct notary block, and the 3-inch first-page margin county recorders expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Complete Form DTE 100 (Real Property Conveyance Fee Statement) or DTE 100(EX) for exempt transfersOhio requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the County RecorderFile in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Tell your beneficiaries where it isAfter your death they will need the recorded document plus a certified death certificate, and in most states an affidavit of death, to complete the transfer.
What it costs in Ohio
| Cost | Typical amount |
|---|---|
| Recording fee | About $34 for the first page plus about $8 per additional page |
| Transfer tax | Conveyance fee: $1.00 per $1,000 of value at the state level, plus a permissive county fee of up to $3.00 per $1,000 |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Ohio charges a conveyance fee of $1.00 per $1,000 of value at the state level, plus a permissive county fee of up to $3.00 per $1,000. It is customarily paid by the grantor. Cities and counties may add their own on top, so check the municipality rather than just the county.
Exemptions that commonly apply to a transfer like this: transfers between spouses, gifts with no consideration, transfers to or from a revocable trust, and transfer on death designation affidavits. You have to claim the exemption. The recorder won't apply it for you.
Where to record it in Ohio
Ohio deeds are recorded with the County Recorder in the county where the property sits, not where you live. There are 88 counties in Ohio.
Most Ohio recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in Ohio: Franklin, Cuyahoga, Hamilton, Montgomery, Summit, Lucas, Butler, Stark, Lorain, Warren, Delaware. See all Ohio recording offices.
What a transfer on death designation affidavit does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only about thirty states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If the beneficiary dies before you and you name no alternate, the deed usually fails and the property goes through probate anyway.
Quirks of Ohio law that catch people out
- 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. This is the single most common Ohio DIY deed failure.
- Ohio eliminated the old two-witness requirement in 2002; a notary alone is sufficient. Online forms still showing witness lines are outdated.
- Form DTE 100 (or DTE 100EX for exempt transfers) must be filed with the county auditor, who stamps the deed before the recorder will accept it.
- Ohio abolished tenancy by the entirety for tenancies created after April 4, 1985. Use a survivorship tenancy under R.C. 5302.17 instead.
$69, one time. Your finished deed appears in full before you pay, with Ohio's witness rules, margins, and recording instructions already applied.
Common questions
No. Ohio has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Recorder. Deedly produces all of that for $69, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $34 for the first page and about $8 per additional page. Ohio also charges conveyance fee of $1.00 per $1,000 of value at the state level, plus a permissive county fee of up to $3.00 per $1,000, though gifts and family transfers are often exempt. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
No. Ohio requires only that the grantor's signature be acknowledged before a notary public. 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).
With the County Recorder in the county where the property is located, not where you live, and not where the buyer lives. Ohio has 88 counties. Most offices also accept e-recording through a submitting service.
Yes. Transfer on death designation affidavits are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On death the property passes directly to the people you named, outside probate, once they record proof of death with the County Recorder. It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
Often, yes. A spouse must sign to release dower rights in Ohio. This catches almost every DIY Ohio deed. That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically. Deedly adds a joinder block for the signature when it applies.
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 life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for OhioRecording offices, transfer tax, witness rules, and fees.
- Ohio recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory 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.