How a Transfer-on-Death Affidavit Works for Homeowners in Ohio

For most Ohio families, the home is the single largest asset they own, and the one most likely to get tangled up in probate. The good news is that Ohio offers a simple, inexpensive tool to pass real estate directly to the people you choose, without a court ever getting involved. It’s called a transfer-on-death (TOD) designation affidavit, and for the right homeowner it can save months of delay and thousands of dollars. Here’s how it works.

What is a transfer-on-death affidavit?

A transfer-on-death designation affidavit is a recorded document that names who will inherit your Ohio real estate when you die. It works a bit like a beneficiary designation on a bank account or life insurance policy, but for your house or land. While you’re alive, nothing changes; you keep full ownership and control. When you pass away, the property transfers automatically to the beneficiary you named, bypassing probate entirely. Ohio authorizes this tool under the Ohio Revised Code (sections 5302.22 and 5302.23).

Note the wording: Ohio uses an affidavit, not a “TOD deed.” Many other states call it a transfer-on-death deed, and you’ll see that phrase used loosely online, but in Ohio the correct instrument is the TOD designation affidavit.

How does a TOD affidavit work, step by step?

1. You prepare the affidavit. It must be in writing and include the full legal description of the property (not just the street address) and the name of one or more beneficiaries.
2. You sign it before a notary. As the owner, you sign the affidavit and have your signature notarized.
3. You record it with the county recorder while you are still living. The affidavit must be recorded in the county where the property sits, before your death. This is the step people most often miss: an unrecorded affidavit has no effect.
4. You keep complete control during your lifetime. You can sell the property, refinance it, or change your mind and revoke the affidavit at any time. The beneficiary has no rights until you pass away.
5. At your death, the beneficiary claims title. Your beneficiary records a short document called an “affidavit of confirmation,” along with a certified copy of your death certificate. With that, title passes to them, no probate case required.

Who should consider a transfer-on-death affidavit?

A TOD affidavit is a great fit when:

• You own a home or land in Ohio and want it to go to a specific person or people.
• Your situation is relatively straightforward and you don’t need the broader control a trust provides.
• You want a low-cost way to keep your largest asset out of probate.

It may not be the best tool on its own if you have minor children as beneficiaries, want to control when and how heirs receive the property, own property in several states, or have a more complex estate. In those cases, a revocable living trust usually offers more flexibility and protection. Many plans use both: a trust for most assets and TOD or beneficiary designations as supporting pieces.

Naming more than one beneficiary

You can name multiple beneficiaries on a TOD affidavit. By default in Ohio, they take title as tenants in common. Each owns a separate, inheritable share. If you instead want the surviving beneficiary to inherit a deceased beneficiary’s share (right of survivorship), you must say so explicitly in the affidavit. You can also name contingent beneficiaries to inherit if your first choice dies before you do. Getting this language right matters, and it’s easy to get wrong with a generic online form.

What a TOD affidavit does NOT do

It’s just as important to understand the limits of this tool:

• No creditor protection or tax shelter. The property stays part of your estate during life. You still pay the property taxes, and it’s not shielded from your creditors.
• It only covers the real estate you name. Bank accounts, vehicles, and other assets need their own beneficiary designations or a trust.
• It doesn’t help if you become incapacitated. A TOD affidavit only operates at death. For lifetime decision-making you still need a financial power of attorney and healthcare directives.
• It must be recorded before death to count. An affidavit sitting in a drawer, unsigned or unrecorded, does nothing.

Can you change or revoke a TOD affidavit?

Yes. Because you keep full ownership while you’re alive, you can revoke or change a transfer-on-death affidavit at any time by recording a new affidavit or a revocation, or simply by selling the property. This flexibility is one of the tool’s biggest advantages, but it also means you should revisit it after major life changes, just like the rest of your estate plan.

Is a TOD affidavit right for your situation?

A transfer-on-death affidavit is one of the simplest, most affordable ways for an Ohio homeowner to spare their family the cost and delay of probate. But it’s one piece of a larger picture, and mistakes often happen in the details: legal descriptions, beneficiary language, and how it fits with your estate plan. MacLaren Law, based in New Albany and serving Columbus and Central Ohio, can help you decide whether a TOD affidavit, a trust, or a combination best protects your home and your loved ones.

Frequently Asked Questions

How does a transfer-on-death affidavit work in Ohio?

You record a notarized affidavit naming a beneficiary for your real estate. You keep full ownership during your life, and at your death the property passes directly to that beneficiary without probate, once they record an affidavit of confirmation and your death certificate.

Does a TOD affidavit avoid probate in Ohio?

Yes. Real estate transferred by a properly recorded TOD designation affidavit passes outside of probate directly to the named beneficiary.

Is it a TOD deed or a TOD affidavit in Ohio?

In Ohio, the correct instrument is a transfer-on-death designation affidavit. Other states use a “TOD deed,” but Ohio law uses the affidavit form under Ohio Revised Code 5302.22 and 5302.23.

Can I change or cancel a transfer-on-death beneficiary?

Yes. While you are alive, you keep full control and can revoke or change the affidavit at any time, or simply sell the property. The beneficiary has no rights until your death.

Does a TOD affidavit protect my home from creditors or taxes?

No. The property remains part of your estate during your lifetime. You pay the taxes, and it is not protected from your creditors. A TOD affidavit only avoids probate; it is not an asset-protection or tax tool.