Transfer-on-Death Deed

TRANSFER ON DEATH DESIGNATION AFFIDAVIT

State of Ohio

Pursuant to Ohio Revised Code Sections 5302.22 through 5302.24

NOTICE: THIS AFFIDAVIT DOES NOT TRANSFER OWNERSHIP UNTIL THE DEATH OF THE OWNER. THE OWNER RETAINS FULL POWER OVER THE PROPERTY DURING HIS OR HER LIFETIME.

After recording return to:
[________________________________]
[________________________________]
[________________________________]

TABLE OF CONTENTS

1. Owner Information
2. Property Description
3. Beneficiary Designation
4. Spousal Consent and Dower
5. Effect of Designation
6. Revocation and Modification
7. Recording Requirements
8. Execution
9. Post-Death Filing Requirements
10. Important Notices

ARTICLE I -- OWNER INFORMATION

Date of Execution: [__/__/____]

Owner Name: [________________________________]

Owner Mailing Address:
[________________________________]
[________________________________]

Marital Status:
☐ Single / Unmarried
☐ Married to [________________________________]
☐ Widowed
☐ Divorced

Form of Ownership:
☐ Sole Owner
☐ Tenant in Common
☐ Survivorship Tenant (under ORC 5302.17)
☐ Tenant by the Entireties

ARTICLE II -- PROPERTY DESCRIPTION

The undersigned Owner is the person appearing on the record as the owner of the following real property located in [________________________________] County, Ohio:

Property Street Address:
[________________________________]

Legal Description:
[________________________________]
[________________________________]
[________________________________]

Prior Instrument Reference: Volume [____], Page [____] of [________________________________] County deed records.

ARTICLE III -- BENEFICIARY DESIGNATION

Section 3.1 -- Interest Being Transferred

☐ The entire undivided interest in the above-described property
☐ The following specified fractional interest: [________________________________]

Section 3.2 -- Transfer on Death Beneficiary(ies)

Section 3.3 -- Contingent Transfer on Death Beneficiary(ies)

Under ORC 5302.23(B)(2), the Owner may designate contingent beneficiaries who take if a primary beneficiary does not survive the Owner:

ARTICLE IV -- SPOUSAL CONSENT AND DOWER

If the Owner is married:

I, [________________________________], spouse of the Owner, state that my dower rights are subordinate to the vesting of title to the real property in the transfer on death beneficiary or beneficiaries designated herein.

Spouse Signature: ________________________________

Date: [__/__/____]

ARTICLE V -- EFFECT OF DESIGNATION

Under ORC 5302.23:

1. The designation has no effect on present ownership -- the beneficiary has no interest during the owner's lifetime (ORC 5302.23(B)(4));
2. The beneficiary takes only the interest the owner held at death, subject to all encumbrances, reservations, and exceptions (ORC 5302.23(B)(7));
3. No rights of lienholders are affected by the TOD designation (ORC 5302.23(B)(8));
4. The transfer is nontestamentary and supersedes any attempted testate or intestate transfer (ORC 5302.23(B)(9));
5. Divorce terminates the beneficiary designation of the former spouse (ORC 5302.23(C)).

ARTICLE VI -- REVOCATION AND MODIFICATION

Section 6.1 -- How to Revoke or Change

Under ORC 5302.23(B)(5), the TOD designation may be revoked or changed at any time by:

1. Executing and recording a new Transfer on Death Designation Affidavit that states the revocation or change;
2. The new affidavit automatically supersedes and revokes all prior recorded TOD affidavits for the same property.

The new affidavit must be recorded before the death of the owner.

Section 6.2 -- No Consent Required

The consent of the designated beneficiary is not required to revoke or change the designation.

ARTICLE VII -- RECORDING REQUIREMENTS

Section 7.1 -- Mandatory Recording Before Death

Under ORC 5302.22(F), this affidavit must be recorded with the County Recorder before the death of the Owner to be effective.

The County Recorder shall index the affidavit in the name of the owner of record (ORC 5302.22(E)).

ARTICLE VIII -- EXECUTION

Section 8.1 -- Owner's Affidavit

STATE OF OHIO
COUNTY OF [________________________________]

I, [________________________________], being first duly sworn according to law, state as follows:

1. That I am the owner of record of the real property described in Article II, as recorded at Volume [____], Page [____] of [________________________________] County deed records.

2. That title to the above property is held by me as: ☐ Sole Owner ☐ Tenant in Common ☐ Survivorship Tenant ☐ Tenant by the Entireties.

3. That I hereby designate the person(s) named in Article III as my transfer on death beneficiary(ies) to receive title to my interest upon my death.

4. This Affidavit, and the beneficiary designation(s) set forth herein, hereby revokes, replaces, and supersedes any prior recorded transfer on death designation affidavits or transfer on death deeds with respect to the real property identified herein.

Owner Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Section 8.2 -- Notarization

Sworn to and subscribed before me this [____] day of [________________], 20[____].

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

ARTICLE IX -- POST-DEATH FILING REQUIREMENTS

Section 9.1 -- Affidavit of Confirmation (ORC 5302.222)

Upon the death of the Owner, the designated beneficiary must file an Affidavit of Confirmation with the County Recorder, accompanied by:

1. A certified copy of the Owner's death certificate;
2. If any designated beneficiary did not survive the Owner, a certified death certificate for that beneficiary.

The affidavit must be presented to the County Auditor for transfer before recording.

Section 9.2 -- Medicaid Estate Recovery Form (ORC 5302.221)

The beneficiary must also complete the Medicaid Estate Recovery form prescribed by the Ohio Department of Medicaid, indicating whether the deceased Owner or predeceased spouse was a Medicaid recipient. This form must be completed before the County Recorder will record the transfer.

ARTICLE X -- IMPORTANT NOTICES

Notice to Owner

1. This Affidavit must be recorded before your death or it has no effect.
2. Beneficiaries must be designated by name -- class designations (e.g., "my children") are not valid.
3. If you are married, your spouse must sign to subordinate dower rights.
4. You may revoke or change the designation at any time by recording a new affidavit.
5. Divorce automatically terminates the beneficiary designation of your former spouse.
6. This designation supersedes conflicting provisions in your will.

Notice to Beneficiary

1. You have no rights to the property during the Owner's lifetime.
2. You must file an Affidavit of Confirmation and death certificate after the Owner's death.
3. You must complete the Medicaid Estate Recovery form before the transfer is recorded.
4. You take the property subject to all existing encumbrances and liens.

CHECKLIST FOR COMPLETION

☐ All Owner information completed in Article I
☐ Full legal description and prior instrument reference in Article II
☐ Parcel ID number included
☐ All beneficiaries designated by name in Article III
☐ Contingent beneficiaries designated (recommended)
☐ Spouse has signed to subordinate dower rights (if married)
☐ Affidavit verified (sworn) before Notary Public
☐ Affidavit recorded before Owner's death at County Recorder's office
☐ Copy retained by Owner for personal records
☐ Attorney review completed before execution

SOURCES AND REFERENCES

• Ohio Revised Code Section 5302.22 -- Transfer on Death Designation Affidavit Form
• ORC 5302.221 -- Medicaid Estate Recovery Form
• ORC 5302.222 -- Affidavit of Confirmation
• ORC 5302.23 -- Designating Transfer on Death Beneficiary
• ORC 5302.24 -- Effect of Transfer on Death Designation
• ORC 5302.17 -- Survivorship Deed
• ORC 2103.02 -- Dower Rights
• ORC 2921.13(A)(6) -- Falsification
• Ohio State Bar Association, "TOD Designation Affidavit Avoids Probate of Real Estate"
• Franklin County Law Library, "Transfer on Death Affidavits" Guide