Ohio Deed Types Explained: A Guide for Property Owners and Title Professionals

Why the Type of Deed Matters

When real property changes hands in Ohio, the transfer is accomplished by a deed—a written instrument that conveys title from the grantor (the person transferring) to the grantee (the person receiving). Not all deeds are alike. The type of deed used in a transaction determines what warranties the grantor is making about the title and what recourse the grantee has if a title problem surfaces later.

Choosing the wrong deed type—or preparing a deed with errors in the legal description, vesting, or notarization—can cloud title, delay closings, and create legal disputes that are expensive to unwind. Here's what Ohio property owners and real estate professionals need to know.

General Warranty Deed

A general warranty deed is the broadest form of title protection available to a buyer. The grantor warrants that the title is good and free from defects—not just during the period the grantor owned it, but going all the way back in the chain of title.

General warranty deeds are standard in residential purchase transactions where the seller has confidence in the chain of title and the buyer (or lender) expects the fullest protection available.

Limited Warranty Deed

Also called a special warranty deed, a limited warranty deed contains covenants that run only as far back as the grantor's period of ownership. The grantor warrants that they haven't done anything to impair the title—but makes no representation about what happened before they acquired the property.

Limited warranty deeds are common in commercial transactions and in sales by estates, trusts, foreclosures, and institutional sellers who may not have direct knowledge of the property's full history.

Quitclaim Deed

A quitclaim deed conveys whatever interest the grantor has—if any—with no warranties at all. If the grantor has good title, the grantee gets good title. If the grantor's title has defects, the grantee takes those too, with no recourse against the grantor.

Quitclaim deeds are appropriate for transfers between family members, transfers into or out of a trust, adding or removing a spouse from title, and other situations where the parties have a relationship of trust and the title history is otherwise well-established. They are generally not appropriate for arm's-length purchase transactions where the buyer expects title protection.

Survivorship Deed (Joint and Survivor)

A survivorship deed conveys real property to two or more grantees as joint tenants with right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenant(s) by operation of law—it does not pass through the deceased's will or estate.

Survivorship deeds are a common estate planning tool for married couples and co-owners who want the property to pass automatically to the survivor without the need for an additional conveyance at death. Note that this is distinct from tenancy in common, where each owner's interest passes through their estate.

Transfer on Death Designation Affidavit (TODDA)

Ohio's Transfer on Death Designation Affidavit allows a property owner to designate one or more beneficiaries to receive the property at the owner's death, while retaining full ownership and control during their lifetime. The owner can change or revoke the designation at any time.

At the owner's death, the beneficiary records an affidavit confirming the owner's death, and the property passes without going through estate administration—a significant benefit for families who want to avoid the time and expense of estate administration for a single piece of real property.

Trustee's Deed

A trustee's deed is used when real property held in a trust is conveyed—either to a third-party buyer, out of the trust, or from one trust to another. The deed identifies the trustee as the grantor in their trustee capacity and typically references the trust instrument.

Trustee's deeds require careful attention to the trust's terms to confirm that the trustee has the authority to convey the property and that the deed accurately reflects the trust's legal name and governing document.

Executor's, Administrator's, and Fiduciary Deeds

When real property is conveyed out of an estate, the deed is signed by the executor (if a will was probated) or administrator (if there was no will). These deeds convey the decedent's interest in the property and typically reference the estate case number and the county court's approval of the sale.

Corrective Deed and Scrivener's Affidavit

When an error appears in a previously recorded deed—a misspelled name, an incorrect legal description, a missing notarial acknowledgment—a corrective deed or scrivener's affidavit may be needed to fix the record. The appropriate remedy depends on the nature of the error and when it was discovered. Errors caught before recording can usually be corrected without additional filings. Errors in a recorded deed require a separate recorded instrument to correct the chain of title.

Getting the Deed Right the First Time

Deed preparation in Ohio is not a fill-in-the-blank exercise. The deed must accurately identify the parties, reflect the correct legal description, use the right type of tenancy, include required transfer tax statements, and be properly acknowledged for recording in the county where the property is located.

McEndree Law LLC prepares all standard Ohio deed types for property owners, title companies, and real estate professionals throughout Ohio. Contact us to submit a deed order or to schedule a consultation.