Can you use a transfer-on-death deed in Ohio?
Yes. In Ohio, an owner may name who receives real estate at death by a transfer on death designation affidavit that is verified before a person authorized to administer oaths, describes the property, states the owner’s marital status (with the spouse’s dower statement if married), names the beneficiaries, and is recorded with the county recorder before the owner dies; the owner may revoke or change it by recording a new affidavit. Ohio uses a transfer on death designation affidavit rather than a deed. It need not be supported by consideration or delivered to the beneficiary to be effective, the beneficiary has no interest in the property until the owner dies, and the transfer is not testamentary. A later recorded affidavit automatically supersedes and revokes earlier ones for the same property, and two or more beneficiaries take in equal shares as tenants in common unless the affidavit says otherwise. This is Ohio Rev. Code §§ 5302.22, 5302.23.
| What | Ohio |
|---|---|
| Transfer-on-death deed | Allowed by a recorded TOD designation affidavit |
Source
Ohio Rev. Code §§ 5302.22, 5302.23
Read the statute in the Ohio Revised Code (Ohio Legislative Service Commission): codes.ohio.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
Compare this rule in every state
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The same question in other states
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Delaware
- District of Columbia
- Georgia
- Hawaii
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- Kansas