My Account Deeds.com Real Estate Deeds

Ohio Transfer on Death Designation Affidavit

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 December 5, 2019

4.7 out of 5 (1035 Reviews)

What others like you are saying:


Bonnie C. said: User friendly an FAST to access and use! Highly recommended.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Tim R. said: Quick and efficient

Reply from Staff: Thank you Tim, we appreciate your feedback.


Joyce M. said: Great website, but not helpful in locating my deed dated 1747.

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


Grace G. said: The Forms I received were perfect for me. I also double ordered one of the forms and you corrected it on the spot. Thanks. (I am a Real Estate Broker)

Reply from Staff: Thank you!


Nancy H. said: Easy to use site. Would continue to go to for future needs.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Robin M. said: Thank you for your services...Attny office quoted a very large fee for the "TOD DEED" process, so this is very helpful that I am able to take care of this myself. If I would have researched your link sooner, I could have saved my Dad a lot of money for the "SURVIVORSHIP DEED". Thanks again & have a wonderful day:)

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


Ohio Transfer on Death Designation Affidavit Form