Authorized under section 5302.22 of the Ohio Revised Code, the Transfer on Death Designation Affidavit (TDDA) allows owners of real estate situated in Ohio to plan the conveyance of their property to designated beneficiaries after their death. The conveyance occurs separately from a will and without the need for probate. These instruments are known in other states as transfer on death deeds, beneficiary deeds, or Lady Bird deeds, and all fall under the heading of Non-probate Transfers on Death.

TDDAs are useful estate planning tools, because unlike "regular" deeds (warranty, grant, quitclaim, etc.), which permanently transfer the owner's interest in the property, the grantor retains full ownership and control of the property while alive, and may change the beneficiaries, modify the terms, or even sell the property with no restriction or penalty. This flexibility is possible because the grantor accepts no consideration from any of the beneficiaries.

In addition to meeting all state and local standards for recorded documents, TDDAs must include a statement by "the individual executing the affidavit that the individual is the person appearing on the record of the real property as the owner of the real property or interest in the real property at the time of the recording of the affidavit and the marital status of that owner." Married owners must include a statement by "the owner's spouse stating that the spouse's dower rights are subordinate to the vesting of title to the real property or interest in the real property in the transfer on death beneficiary or beneficiaries designated in the affidavit" (RC 5302.22(D)(3)). It must also designate "one or more persons, identified by name, as transfer on death beneficiary or beneficiaries" ( 5302.22(D)(4)).

File the completed and notarized affidavit for recording in the county where the property is located. NOTE THAT THE AFFIDAVIT IS ONLY VALID WHEN SUBMITTED FOR RECORDING WHILE THE GRANTOR IS STILL ALIVE.

The transfer of property rights is completed when the owner dies and the beneficiary completes and records an affidavit of confirmation under R.C. 5302.222.

Using this instrument might affect tax obligations or eligibility for certain income or asset-dependent programs. Please contact an attorney with questions about this or any other issues related to estate planning or transferring real property in Ohio.

(Ohio Transfer on Death Designation 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 Transfer on Death Designation Affidavit

Transfer property automatically at death without probate
Provide for a loved one without giving up current ownership
Simplify property transfer for your family after your passing
Update beneficiary designations after a life change
Designate multiple beneficiaries for a property
Retain full control of your property during your lifetime

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 Affidavit of Confirmation Trustee Deed Fiduciary 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 transfer on death designation affidavit 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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