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Transfer on Death Designation Affidavit Form - Brown County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 1/20/2021
Transfer on Death Designation Affidavit Guide - Brown County
Line by line guide explaining every blank on the form.
Included document last updated 3/26/2021
Completed Example of the Transfer on Death Designation Document - Brown County
Example of a properly completed form for reference.
Included document last updated 1/5/2021
*The Following Ohio and Brown County supplemental forms are included as a courtesy with your order.
Real Property Conveyance Fee Statement of Value and Receipt
Use this Ohio form if the real property conveyance is not exempt from transfer tax. Digitized form is complete and comes with instructions. Use the homestead and agricultural use forms as attachment to the main form if needed.
Statement for Reason of Exemption From Real Property Conveyance Fee
Use this form if the real property conveyance is exempt from transfer tax in Ohio. The form comes complete with instructions and lists the exemptions. Use homestead and agricultural use forms as attachment to the main form if needed.
Affidavit of Facts
In most counties an Affidavit of Facts is required if a transfer tax exemption is claimed.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by Ohio notaries.
Including:
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.
Get your Brown County Transfer on Death Designation Affidavit form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Brown County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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