Does Ohio Have a Transfer on Death Deed?

If you've searched for a "transfer on death deed" in Ohio, you're not alone — but you won't find one. Ohio abolished the Transfer on Death Deed in 2009 and replaced it with a different instrument: the Transfer on Death Designation Affidavit, commonly called a TODDA. This article explains what that means for Ohio property owners who want to pass real estate to their heirs outside of probate.

What was the Ohio Transfer on Death Deed?

Transfer on Death Deeds (TODD) were a method for creating a beneficiary designation in the form of a deed to real property. A property owner could execute a TODD that named beneficiaries to acquire the specified real property upon the death of the owner. Ohio eliminated the TODD in 2009 and created the Transfer on Death Designation Affidavit.

What replaced it: the Transfer on Death Designation Affidavit (TODDA)

Ohio Revised Code Section 5302.22 created the TODDA. This affidavit allows an owner of real property to name one or more beneficiaries to receive title to the subject real property upon the death of the owner.

How a TODDA works in Ohio

A TODDA must conform to the statutory requirements, this includes being signed by the owner(s) and notarized, recorded with the county recorder during the owner's lifetime, designating one or more beneficiaries, including an accurate legal description of the subject real property, properly waiving dower if the owner and affiant of the real property is married, and following any other form and recording requirements per the county in which the real property is located.

What happens when the owner dies?

When the owner of real property dies and the deceased owner executed and recorded a valid TODDA, a beneficiary or other person with personal knowledge of the facts files an Affidavit of Confirmation (the companion instrument) with the county recorder after death. No probate is required. Generally an Affidavit of Confirmation requires recitals regarding the nature of the original TODDA, including identification of the original owner and their date of death, a description of the real property or interest in real property, the name and address of each beneficiary that survived the owner, the name of each beneficiary that predeceased the owner of the real property, if any, and it must be accompanied by a certified copy of a death certificate of the deceased owner and any predeceased beneficiaries. Additionally, there may be county specific requirements regarding the form or information included in the affidavit and it may be subject to pre-approval.

Common mistakes to avoid with a TODDA

Some common mistakes and errors that you may encounter with TODDA's are improper legal descriptions, failing to record prior to the death of the owner, naming a predeceased beneficiary without a contingent beneficiary, not updating after marriage/divorce/sale. Errors such as those listed and others can cloud title.

Can I prepare a TODDA without an attorney?

Forms do exist on the internet, but without verification you may not be using a form that complies with the Ohio statutory requirements and you may have other issues such as errors in legal descriptions, and execution. Additionally, recording requirements make errors common and costly to fix. Preparation by a qualified real estate attorney can help to make the process less painful and help to avoid costly issues.

Ready to prepare a TODDA?

McEndree Law LLC prepares Transfer on Death Designation Affidavits for Ohio property owners. Contact us to get started.