*Supplemental forms (forms other than the actual deed form) are made available as a courtesy with your order. Supplemental forms come directly from the state or local jurisdiction that requires them, we offer no support for the supplemental forms, we did not make them.
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 Hamilton 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.
We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.
Really made things easy for me thanks!
The three files were downloaded successfully. I especially appreciate the instructions and example documents. It was worth the cost just to get that information so I could fill out the form by myself. Thank you.
Everything seems to be fine. The example could have been a bit clearer (hard to read and understand).
I am satisfied with the results.
I ordered the warranty deed forms. They were very easy to order downloaded immediately just as advertised and were extremely easy to figure out and complete thanks to the guide.
Price: $19.97 (Immediate Download)
Notice: You are ordering blank forms, NOT a copy of your existing deed.