How to Transfer a House After a Parent Dies in Ohio

One of the most common questions families face after losing a parent is: what happens to the house? In Ohio, the answer depends almost entirely on how your parent held title to the property — and whether they had any transfer planning in place before they died. This guide explains the most common scenarios and what you need to do in each one.

Step one: find out how the property was titled

Joint and survivorship, tenancy in common, sole ownership, held in trust, TODDA in place. Each leads to a different path. The county recorder's office where the property was located will have a copy of any instrument recorded with them.

If the property had a Transfer on Death Designation Affidavit (TODDA)

The beneficiary or any person with personal knowledge of the facts, may file a properly drafted and executed Affidavit of Confirmation with the county recorder along with a death certificate to officially document the transfer of the real property to the named beneficiaries. If the TODDA was properly prepared, executed, and recorded, no probate will be required to pass the subject real property to the named (and surviving) beneficiaries.

If the property was held jointly with right of survivorship

The surviving owner or any person with personal knowledge of the facts, may file a properly drafted and executed Affidavit of Survivorship along with a certified copy of the death certificate of the decedent with the county recorder to officially document the transfer of the real property to the surviving joint tenant. If the Survivorship Deed was properly prepared, executed, and recorded, no probate will be required to pass the subject real property to the surviving joint tenat.

If the property was solely in your parent's name (no TODDA, no joint ownership)

Probate is likely required. Depending on the value of the subject real property, there may be different probate options available. Commonly, due to the value of most real property, Full Administration is required. Probate, although it serves an important purpose, can cause transfer of assets and real property to heirs or beneficiaries to be slow and expensive.

If the property was held in a revocable trust

The successor trustee administers the trust per its terms — typically much faster than probate. Some documentation may be required depending on the setup of the trust. An Affidavit of Successor Trustee is one such document that is frequently required when property is held in a trust.

What about the mortgage?

Due-on-sale clauses can seem scary, but thank to the Garn-St Germain Act, heirs, trusts, and beneficiaries that acquire property after the death of the owner are generally protected. A surviving heir inheriting from a parent is typically protected from immediate due-on-sale enforcement.

How long does the transfer take?

TODDA can be fairly quick once a death certificate is available (days to weeks), survivorship affidavit are also fairly quick once a death certificate is available (days to weeks), probate, unfortunately, can be longer, and more expensive than other methods (months to over a year in complex estates).

We can help

Whether you need a Transfer on Death Affidavit filed or help understanding your options, McEndree Law LLC is here. Contact us.