Ohio lets an owner pass real estate outside probate, and this is one of the tools covered in Ohio estate planning: wills, probate, and trusts. This article explains the instrument Ohio actually uses today, what the affidavit must say, how it is recorded, how beneficiaries are named and changed, and what happens after the owner’s death.
Ohio replaced the transfer on death deed with a designation affidavit
Ohio once allowed a transfer on death deed, but that form was abolished effective December 28, 2009. In its place, Ohio Rev. Code § 5302.22 created the transfer on death designation affidavit. A search for a “transfer on death deed” in Ohio now points to this affidavit, which does the same job through a different document.
The distinction matters because the affidavit is recorded by the owner alone, not delivered to the beneficiary like a deed. Under section 5302.22, the affidavit does not need consideration and does not need to be delivered to the beneficiary to take effect. A transfer on death deed that was properly executed and recorded before December 28, 2009 stays valid; Ohio Rev. Code § 5302.24 preserves those older deeds, and the owner does not have to replace one with an affidavit unless they choose to.
A designation affidavit can cover a fee simple title or a fractional interest, and it can be used by a sole owner, a tenant in common, a survivorship tenant, or spouses who own as tenants by the entireties. As of 2026 this is the current Ohio instrument for a real estate beneficiary designation.
What the affidavit must include
The affidavit is verified before a notary or another officer authorized to administer oaths. Section 5302.22 lists what the document must contain, and a missing element can leave the transfer ineffective.
Describe the property and cite the prior deed
The affidavit describes the real property and refers to the recorded instrument that already contains that description, usually the owner’s own deed. This ties the designation to the exact parcel in the county records.
State the interest being transferred
If the owner is passing less than the full interest, the affidavit states the specific part that transfers on death. A full fee simple interest can be designated, or any fractional share of it.
Confirm ownership and marital status
The person signing states that they are the owner shown in the record and gives their marital status. A married owner’s spouse joins in the affidavit, and the spouse’s dower rights become subordinate to the beneficiary’s future interest under
Ohio Rev. Code § 5302.22.Name the beneficiaries
The affidavit designates one or more transfer on death beneficiaries by name. Contingent beneficiaries can also be named to take the property if a primary beneficiary dies first.
A person who knowingly puts a false statement in the affidavit commits falsification under section 5302.22(H), which carries the same criminal exposure as lying in any sworn Ohio filing.
Recording the affidavit before death
The affidavit only works if it is recorded while the owner is alive. Section 5302.22 states that the affidavit must be recorded with the county recorder in the county where the property sits, before the death of the owner who signed it. An affidavit found in a drawer after death has no effect.
The county recorder records the affidavit the same way deeds are recorded and charges the same recording fee that applies to a deed, under Ohio Rev. Code § 5302.22(E). The recorder indexes it under the name of the owner who signed it. Ohio Legal Help’s overview of using a transfer on death to pass a home walks through the same recording step for homeowners.
Naming beneficiaries, shares, and contingent takers
Ohio Rev. Code § 5302.23 controls how the beneficiary designation operates. Naming a beneficiary has no effect on the owner’s present ownership; the beneficiary has no interest in the property until the owner dies. The owner keeps the right to sell or mortgage the property during life.
When two or more beneficiaries are named, they take title in equal shares as tenants in common unless the affidavit specifies unequal shares or directs that they take as survivorship tenants. Contingent beneficiaries take only if the primary beneficiary does not survive the owner. If no named beneficiary survives and no contingent beneficiary is available, the interest passes through the owner’s probate estate instead.
A beneficiary can be a person or a legal entity such as a bank acting as trustee, though beneficiaries who are to take as survivorship tenants must all be natural persons. A transfer under the affidavit is not testamentary, and it overrides any conflicting gift of the same property in a will.
Changing or revoking the designation
Because the beneficiary has no present interest, the owner controls the designation completely during life. Under section 5302.23, the owner can revoke or change the beneficiary at any time without the beneficiary’s consent by executing and recording a new transfer on death designation affidavit before death. The new affidavit automatically supersedes any earlier one for the same property.
After the owner dies: the affidavit of confirmation
The designation affidavit records the owner’s intent, but the transfer is completed after death by a second document. Under Ohio Rev. Code § 5302.222, a beneficiary presents an affidavit of confirmation to the county auditor and files it with the county recorder in the county where the property is located. It is verified before a notary and accompanied by a certified copy of the owner’s death certificate.
The affidavit of confirmation states the name and address of each surviving beneficiary, the date of the owner’s death, and a description of the property, and it names any beneficiary who did not survive the owner. A beneficiary takes the property subject to every mortgage, lien, and other encumbrance that was on it at the owner’s death, so a mortgage does not disappear when the property passes.
A transfer on death does not create an Ohio death tax, because Ohio has no estate or inheritance tax on transfers at death, a point covered in Ohio inheritance tax and estate tax. Federal estate tax rules and property tax questions still apply separately to the specific estate.
Frequently asked questions
Is a transfer on death deed the same as a TOD designation affidavit in Ohio?
In Ohio they aim at the same result but are not the same document. Ohio abolished the transfer on death deed on December 28, 2009 and replaced it with the transfer on death designation affidavit under Ohio Rev. Code § 5302.22. People still search for “transfer on death deed,” but the affidavit is the instrument now recorded.
Does a transfer on death designation affidavit avoid probate?
Yes for the property it covers. A transfer under the affidavit is non-testamentary, so the described real estate passes directly to the surviving beneficiary without going through probate. If no named or contingent beneficiary survives the owner, the property falls into the probate estate instead, under Ohio Rev. Code § 5302.23.
Can the owner still sell or mortgage the property?
Yes. The beneficiary has no interest in the property while the owner is alive, so the owner can sell, refinance, or mortgage it freely. A lienholder does not have to name the beneficiary in a foreclosure unless the beneficiary holds some other interest in the property.
What does the beneficiary do after the owner dies?
The beneficiary records an affidavit of confirmation with the county recorder, presents it to the county auditor, and attaches a certified copy of the owner’s death certificate, as set out in Ohio Rev. Code § 5302.222. Ohio Legal Help describes this for someone inheriting a home through a transfer on death.
Do both spouses have to sign for jointly owned property?
When spouses own as tenants by the entireties, both sign the affidavit, and the spouse’s dower rights become subordinate to the beneficiary designation. For survivorship property, a designation made by only one survivorship tenant is nullified when that tenant dies before the last survivor, under Ohio Rev. Code § 5302.23.
Sources
- Ohio Rev. Code § 5302.22 – Transfer on death designation affidavit
- Ohio Rev. Code § 5302.222 – Affidavit of confirmation
- Ohio Rev. Code § 5302.23 – Designating a transfer on death beneficiary
- Ohio Rev. Code § 5302.24 – Effect on deeds recorded before December 28, 2009
- Ohio Legal Help: Transfer on Death for homes
- Ohio Legal Help: Inheriting a home through a Transfer on Death