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Ohio Transfer on Death Designation Affidavit

Ohio Transfer on Death Designation Affidavit Information

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.

Deeds.com Ohio Transfer on Death Designation Affidavit Forms Have Been Updated as Recently as Thursday May 26, 2022

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Claude F. said: quick and easy to use, thank you

Reply from Staff: Thank you!


Michael T. said: Good site. Two things to note. 1. The Documentary Transfer Tax Exemption sheet, the word "computer" is used when I think it should be "computed" Error in state form? 2. The California Trust Guide could have a watermark which is less distracting. Kind of hard to read the print with the DEEDS.COM logo so prominent.

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Steve B. said: Awesome. Last time I needed to f Ile a document it cost $300.00 gor a lawyer. This time $53.00.

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Gerry V. said: Easy to use, fast and reliable. love deeds.com

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Melody L. said: Beware, you cannot save the information you typed and change it later. It will be a PDF upon saving. So if you need corrections...you have to start all over!

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Rachel F. said: Easy and can add our own additional language in spaces provided. Thank you!

Reply from Staff: Thank you Rachel!


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