Ohio Fiduciary Deeds for Administrators and Executors

Probate is the legal process of settling a decedent’s estate and distributing the remaining assets to beneficiaries. Distributions of a decedent’s property are made according to the terms of a probated will (for testate estates) or pursuant to Ohio’s laws of intestate succession (for intestate estates). For the provisions of a will to become effective, the will must be admitted to probate.

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Mechanic’s Liens in Ohio

Mechanic’s liens protect the interests of contractors, subcontractors, material suppliers, and laborers on construction jobs when work goes unpaid. In Ohio, a mechanic’s lien is a right provided under the state Constitution. Liens are available against both private and public jobs in Ohio. Find the mechanic’s lien law in Chapter 1311 of the Ohio Revised Code. Because another goal of the mechanic’s lien statutes is to protect owners from double payment (to those he or she contracted with as well as to lower-tiered unpaid contractors or material suppliers), the law demands strict compliance to secure and enforce a lien.

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Land Registration System in Ohio – The Torrens System

The Torrens System was enacted in Ohio in 1913 and is still used in parts of the state. The original goal of the Torrens System of land registry was to compile all records relating to a parcel on a single certificate as a way to simplify record-keeping. Land registration involves legal fees and court proceedings and thus turned out to be more complex than recorded land, which has made registration unpopular. Currently, the land registry system only operates in a few Ohio counties.

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Revoking a Transfer on Death Designation Affidavit in Ohio

Ohio Revised Code 5302.23(B)(5) contains the rules for revoking a recorded transfer on death designation affidavit. In short, it states that the owner of real estate previously identified as a transfer on death interest may revoke or change a beneficiary designation at any time before the owner’s death, without the consent of that transfer on death beneficiary. Simply execute and record a new transfer on death designation affidavit, including all information from the prior form, but stating the revocation or change where appropriate.

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Dower, Joint Tenancy, and Ohio’s Transfer on Death Instruments

Transfer on death deeds (“TODs”) are used to convey property rights to one or more beneficiaries after the owner dies. Unlike most other assets in an estate, property conveyed in a transfer upon death is not subject to probate distribution. In addition, as nontestamentary instruments, these conveyances are not affected by provisions of the deceased owner’s will. Ohio’s transfer on death instruments are governed by R.C. 5302.22, and were originally introduced as transfer on death deeds in 2002. Revised to the current format of transfer on death designation affidavits in 2009, these documents, when lawfully executed and recorded, provide a flexible and convenient estate planning tool for owners of Ohio real property.

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What is the Difference Between an Ohio Survivorship Deed and a Transfer on Death Designation Affidavit?

A survivorship deed conveys title rights to property upon execution and recording. As such, it is appropriate for a situation where the owners are married or are otherwise willing to be connected by concurrent (joint) ownership. If one of the co-owners dies, his or her share of the real property passes immediately to the surviving owners, but the transfer must be formalized by submitting an affidavit as described in O. R. C.5302.17.

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Removing a Deceased Joint Tenant from an Ohio Real Estate Deed

Removing a deceased joint tenant’s (or survivorship tenant’s) name from a real estate deed in Ohio is a fairly simple process. Once the beneficiary or co-tenant obtains an official copy of the decedent’s death certificate, he or she completes an affidavit of survivorship, and presents the information to the local agency responsible for maintaining land records. In Ohio, this is usually the county recorder or fiscal office. When properly completed and submitted for recording along with the copy of the death certificate and any other required documentation, the affidavit updates the ownership information for the property and preserves the chain of title (ownership history).

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