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Ohio Deeds: Transfer on Death Affidavits

The Transfer on Death Designation Affidavit (TOD), when properly recorded, permits the direct transfer of the described real property to the designated beneficiary or beneficiaries upon the deathof the owner, thus avoiding Probate administration.

The Transfer on Death Affidavit must be recorded at the Recorder's Office where the property is located before the grantor dies.

Used to revoke TOD before grantor dies. Grantor may then file another TOD.

Beneficiary (ies) must record after grantor dies.

How to fill out the deed forms from the Franklin County Law Library: 

1) Read the entire form carefully. You will get a good idea of what goes in each blank by reading what comes before and after the blank.

2) Enter all the names of the current owners of the property as the "first party" on the deed. These are the grantors.

3) Enter all the names of the persons you want to be owners of the property as the "second party" on the deed. These are grantees. Note: if you are adding a name to the deed, you list the current owner and the new owner both as "second party".

4) In the blank asking for the described parcel of land, enter the legal description of the property from the prior deed. You can obtain a clean cpy of the legal description from the Franklin County Recorder's Office.  You can then label the legal description "Exhibit A" and write "See Attached Exhibit A" in the blank. (You cannot just attach the entire prior deed because conveyance standards prohibit multiple grantor/grantee clauses in one deed.)

5) Each grantor must sign the deed in front of a notary public. There is a notary at the Franklin County Auditor's Office. Each deed that transfers real estate must start the process at the Auditor's Office.

6) The deed is filed at the Franklin County Recorder's Office.