Ohio Transfer-on-Death Deed

At a glance

How the deed works

Ohio allows an owner to pass real property outside probate, but through a distinctive instrument. Ohio first authorized a transfer-on-death deed in 2000, then repealed that deed and replaced it — effective December 28, 2009 — with a 'transfer on death designation affidavit' under Ohio Revised Code § 5302.22. The key difference is procedural: instead of signing and recording a deed that conveys a future interest, the current owner records an affidavit that designates who receives the property at death. The owner keeps full ownership and control during life.

The affidavit is executed by the owner (the individual who has the interest) and must describe the property and name the transfer-on-death beneficiaries. It need not be supported by consideration and need not be delivered to the beneficiary to be effective, but to be effective it must be recorded, before the owner's death, with the county recorder for the county where the property is located. A designation affidavit that is not recorded before death does not transfer the property.

Because the older TOD deed form no longer works, using a deed instead of the statutory affidavit is a common and consequential mistake. This is educational information, not legal advice; confirm the current requirements with an attorney licensed in Ohio or the county recorder's office.

Recording & execution requirements

A transfer-on-death deed only works if it is executed and recorded correctly. In Ohio:

• Recording before death: The affidavit must be recorded before the owner's death.
• Governing statute: Ohio Rev. Code § 5302.22 Ohio Rev. Code § 5302.22 — Transfer on death designation affidavit · TOD deed replaced by TOD designation affidavit effective Dec. 28, 2009.

Changing or revoking the deed

A recorded TOD designation affidavit is revocable during the owner's life. The owner revokes or changes the beneficiary by executing and recording, before death, a new transfer-on-death designation affidavit or a revocation affidavit with the county recorder; the later-recorded affidavit supersedes the earlier one.

Because the mechanism is an affidavit rather than a deed, revocation is handled through the affidavit process under § 5302.23 and related sections; destroying the recorded document does not by itself revoke the designation, and a will generally cannot override a recorded affidavit.

Mortgages, Medicaid & community property

Existing mortgages and liens

A TOD designation affidavit passes the property subject to existing encumbrances. The beneficiary takes title burdened by any mortgage, tax lien, or judgment lien of record; recording the affidavit does not satisfy or remove those debts, which remain attached to the real estate.

Medicaid estate recovery

A TOD designation affidavit does not automatically protect the home from Medicaid estate recovery. Ohio Medicaid (administered by the Ohio Department of Medicaid, with estate recovery handled through the Attorney General's office) may pursue recovery against a deceased recipient's estate, and Ohio defines the recoverable estate broadly enough that property passing by non-probate means can be exposed — a fact-specific question. Anyone who relies on or may need Medicaid long-term-care benefits should consult an attorney and confirm the current estate-recovery scope with the state agency before depending on this affidavit.

Community property

Ohio is a common-law (separate-property) state. Ohio is a common-law (non-community-property) state, so no community-property survivorship regime interacts with the TOD designation affidavit. Married co-owners should confirm how they hold title, because a survivorship tenancy generally passes to the surviving co-owner ahead of any TOD beneficiary named in an affidavit.

State-specific quirks

Where to read next

• Ohio estate & inheritance tax — whether Ohio taxes what you leave behind, and the small-estate probate ceiling, each figure cited to the statute.
• The Executor & Heir’s Guide — the probate deadlines for Ohio, cited to the controlling statute.
• Funding a revocable trust — a common way to keep many kinds of property out of probate.
• ← Back to the transfer-on-death deed comparison

Sources & methodology