Ohio Fiduciary Deed for Executors and Administrators

Probate is the legal process of settling and distributing a decedent's estate according to the terms of a probated will or laws of intestate succession. In the context of estate administration, a fiduciary is either an executor (when named in a will) or an administrator (when the decedent dies without a will or does not name an executor) assigned by the court of common pleas to administer the decedent's estate.

If the estate's assets are insufficient to pay debts, the fiduciary may need to sell the decedent's property. Fiduciaries must obtain the court's permission to sell assets from the estate, unless authorized or directed by the decedent's will.

In Ohio, executors and administrators use fiduciary deeds to convey real property from an estate to a purchaser pursuant to a court order. A fiduciary deed is a statutory form (R.C. 5302.09) containing fiduciary covenants that the grantor is the duly appointed, qualified, and acting fiduciary, and that he or she is authorized to make the sale and conveyance of the within described real property. Additionally, the grantor covenants with the grantee that in the proceedings of the sale, he or she has complied with statutory requirements (5302.10).

A fiduciary deed names the executing fiduciary's as grantor, and identifies the county and case number in which the decedent's estate is opened in probate. The deed states the amount of consideration the grantee is paying for the transfer of title, and titles the property in the name and manner of vesting of the grantee.

Deeds in Ohio require a recital of the grantor's source of title, including the prior instrument volume and page numbers. A full legal description of the subject parcel is required. Any restrictions on the property should also be noted. The executing fiduciary must sign the deed in the presence of a notary public before recording in the county where the subject property is located.

The information provided here is not a substitute for legal advice. Consult an attorney licensed in the State of Ohio with questions regarding fiduciary deeds, as each situation is unique.

(Ohio Fiduciary Deed Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Fiduciary Deed

Transfer property to a successor trustee
Convey property as directed by a will or court order
Satisfy title company requirements for trust-held property
Sell estate property to satisfy debts or obligations
Establish a trust's interest in real property for public record
Transfer property out of an estate after probate

Compare other Ohio deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Limited Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Mineral Deed Mineral Deed with Quitclaim Covenants Ohio Limited Power of Attorney for Real Property General Durable Power of Attorney Mortgage Instrument and Promissory Note Assignment of Mortgage Release and Satisfaction of Mortgage Partial Release of Mortgage Satisfaction of Assignment of Leases and Rents Land Contract Memorandum and Notice of Agreement Full Release of Memorandum and Notice of Agreement Survivorship Deed Affidavit of Survivorship Transfer on Death Designation Affidavit Affidavit of Confirmation Trustee Deed Notice of Commencement Notice of Furnishing Affidavit for Mechanic Lien Conditional Lien Waiver Unconditional Lien Waiver Disclaimer of Interest Memorandum of Trust Lis Pendens Lis Pendens Discharge

Important: County-Specific Forms

Our fiduciary deed forms are specifically formatted for each county in Ohio.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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