Estate · Transfer-on-Death Deed
Transfer-on-Death Deed in Ohio
Whether Ohio lets you pass a home with a transfer-on-death deed, the formalities that make it valid, the Medicaid and creditor exceptions, and the workaround if it is not allowed. Cited to the statute or the controlling practice.
The rules and exceptions in Ohio
What makes the deed valid here, when it does not work, and the Medicaid and creditor details that matter.
| The rule in this state | What it means |
|---|---|
| Use the designation affidavit, not a deed | Ohio eliminated the transfer-on-death deed effective December 28, 2009 and replaced it with a transfer on death designation affidavit (§5302.22). A transfer-on-death deed recorded before that date stays valid, but a new transfer must use the affidavit. |
| Signed and notarized | The affidavit must be signed by the owner and acknowledged before a notary public. The owner must be the person shown on the record as the title holder. |
| Recorded before death | The affidavit must be recorded with the recorder of the county where the property is located while the owner is alive. An affidavit that is not recorded before death has no effect. |
| Marital status stated | The affidavit must state the owner’s marital status. If the owner is married, the spouse must state that any dower rights are subordinate to the vesting of title in the beneficiary. |
| Key details and exceptions | What it means |
|---|---|
| Fully revocable | The owner keeps full ownership during life and may sell, mortgage, or change the beneficiary at any time. Recording a new affidavit revokes the prior designation for that property (§5302.23). |
| Beneficiary takes at death, subject to debts | Nothing passes to the beneficiary until the owner dies, and the property passes subject to the owner’s mortgages, liens, and other encumbrances of record. |
| A predeceasing beneficiary needs a death certificate | If a named beneficiary dies before the owner, a certified copy of that beneficiary’s death certificate must accompany the affidavit. You can name contingent beneficiaries to plan for this. |
| Medicaid estate recovery | Ohio Medicaid estate recovery can reach assets that pass outside probate, so a designation affidavit does not automatically shield the home. Weigh it against a trust if recovery is a concern. |
What you can do right now
Concrete, neutral steps to pass a home outside probate in Ohio. This is legal information, not legal advice.
- Use the affidavit form, not an old TOD deed
Ohio replaced the transfer-on-death deed with a transfer on death designation affidavit in 2009. Start from a §5302.22 affidavit, because a freshly drawn TOD deed will not work.
- Notarize and record before death
Sign the affidavit before a notary, then record it with the county recorder while you are alive. An affidavit recorded after death is void.
- Name contingent beneficiaries
Ohio lets you name backup beneficiaries in the affidavit. Doing so avoids a gap if your first choice dies before you do.
- Talk to an Ohio estate attorney about recovery
The affidavit does not automatically defeat Medicaid estate recovery. A licensed Ohio estate attorney can compare it to a trust. The Ohio State Bar can refer you to one.
A deed that misses a witnessing or recording rule can be void, and Medicaid recovery can undo the plan. This resource can connect you with a licensed estate attorney.
→ Ohio State Bar · Lawyer Referral ServicesThis is general legal information, not legal advice. Witnessing rules, recording deadlines, Medicaid recovery, and spousal rights can change the answer, so confirm your plan with a licensed attorney.
What people get wrong about Ohio TOD deeds
Ohio lets you pass a home to a beneficiary without probate, but the name people use for it is wrong. Ohio does not use a transfer-on-death deed anymore. Effective December 28, 2009 it eliminated that deed and replaced it with a transfer on death designation affidavit under Ohio Rev. Code §5302.22. A TOD deed recorded before that date is still valid, but if you set one up today, you record an affidavit, not a deed. The affidavit must be signed by the owner, notarized, and recorded with the county recorder while the owner is alive, or it has no effect. You keep full control during life and can change the beneficiary, and recording a new affidavit revokes the old one under §5302.23. Two cautions: the beneficiary takes the property subject to your debts and liens, and Ohio Medicaid estate recovery can still reach a home that passes this way, so it is not an automatic shield. If a named beneficiary might die before you, name a contingent one.
Common questions
Can I use a transfer-on-death deed in Ohio?
Not a deed. Ohio eliminated the transfer-on-death deed in December 2009 and replaced it with a transfer on death designation affidavit under Ohio Rev. Code §5302.22. The affidavit does the same job, passing real estate outside probate.
Is my old Ohio TOD deed still good?
Yes. A transfer-on-death deed recorded before December 28, 2009 remains valid. The 2009 change stopped new TOD deeds, it did not cancel ones already on record.
What happens if the Ohio affidavit is not recorded before death?
It has no effect. Ohio requires the transfer on death designation affidavit to be recorded with the county recorder while the owner is alive. An affidavit recorded after death does not pass the property.
Does an Ohio TOD affidavit avoid Medicaid estate recovery?
Not by itself. Ohio Medicaid estate recovery can reach assets that pass outside probate, so the affidavit does not automatically shield the home. Compare it to a trust with an estate attorney.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.