Ohio Survivorship Deed

An Ohio survivorship deed conveys real property to two people for their joint lives, remainder to the survivor of them. Those words, from the statutory form in Ohio Revised Code Section 5302.17, are what make the deed work: when one grantee dies, that grantee's title vests in the survivor by the terms of the deed itself, with no probate in between. This form prepares that deed for Ohio real property, with general warranty covenants, from one or two grantors to two grantees.

Why Ohio calls it a survivorship tenancy

What many states call a joint tenancy with right of survivorship, Ohio's statutes call a survivorship tenancy. Under Section 5302.20, a conveyance to two or more persons for their joint lives and then to the survivor of them makes them survivorship tenants, while a deed to two people that says nothing about survivorship vests a tenancy in common under Section 5302.19. A joint and survivorship deed, a survivorship warranty deed, and an Ohio joint tenancy deed are the same instrument: the deed whose granting clause carries those words.

While both grantees live, each holds an equal share unless the deed provides otherwise. When one survivorship tenant remains, Section 5302.20(B) vests the whole title in that survivor, and the record is brought current by an affidavit with a certified death certificate under Section 5302.17, an instrument prepared and recorded separately and not included in this package.

A deed with full warranty covenants

The statutory form leaves a placeholder for covenants, if any, and this form fills it with Ohio's strongest title promise: grant(s), with general warranty covenants. Under Section 5302.06 those words carry the full force of covenants of seisin, freedom from encumbrances, good right to convey, and warranty and defense of the title against the lawful claims of all persons. Section 5 of the form lists the encumbrances, reservations, and exceptions the conveyance is subject to, where recorded easements, restrictions, and current taxes are carved out of the covenant. The general warranty is fixed in the conveyance paragraph; the form prints no covenant selection.

One or two grantors, two grantees, two certificates

The form recites one or two grantors, natural persons conveying in their own right, each entered with the marital status the statutory form calls for, and exactly two grantees, the persons between whom the survivorship tenancy runs. Nothing about status, vesting, or capacity is preprinted. The instrument carries two signature blocks, GRANTOR and SECOND GRANTOR (if applicable), each followed by its own acknowledgment certificate in the wording of the Section 147.55(A) short form, so two signers may acknowledge on different dates or before different officers; on a single-grantor deed the second block and its certificate stay blank. A sole owner conveying to a couple, parents conveying to two adult children, and an owner conveying to the owner and one other person present the patterns this deed recites. An entity grantor, a trustee, an attorney-in-fact, a single grantee, or three or more persons on either side are configurations the form is not set up as.

Dower is built in. Ohio still gives a married person's spouse a dower interest under Section 2103.02, and the conveyance paragraph provides that a spouse of a grantor, by signing the deed, releases all rights of dower in the property; a spouse who joins only for that purpose is entered beside the grantor in Section 1 and signs the second block.

From the auditor to the recorder

An Ohio deed reaches the public record through two county offices in order. The county auditor transfers the parcel on the tax list, which is why the form carries the grantee tax-mailing address and prior instrument reference Section 319.20 requires, the parcel number, and the survey-maker line of Section 5301.25(B). The conveyance fee statement, DTE 100, or the exemption statement, DTE 100EX, is filed with the auditor, whose stamp and transfer endorsement go on the face of the deed; under Section 317.22 the recorder does not accept a deed of absolute conveyance without them. The form follows the Section 317.114 format standard, with the three inch blank top margin on the first page reserved for county endorsements.

The package includes the fillable survivorship deed form, a completed example filled in for a realistic Franklin County fact pattern, and the guide that walks through every section and the auditor and recorder steps. This description and the guide describe the form and the governing Ohio statutes in general terms; they are not legal advice.