The short answer
Ohio lets you name who gets your house when you die, without probate, by recording a Transfer on Death Designation Affidavit with the county recorder (Ohio Revised Code 5302.22 and 5302.23). It does what a transfer on death deed does in other states. You keep full ownership while you're alive and can sell, mortgage or change your mind. At your death, the beneficiary files a short affidavit and the house is theirs.
It only works if it's recorded before you die. A signed affidavit sitting in a drawer does nothing.
Why Ohio homeowners use it
Ohio probate for a house usually takes six months to a year, because creditors have six months from the date of death to make claims. It also costs money in court fees and, often, attorney fees. Ohio's simpler "release from administration" only covers estates up to $35,000, or $100,000 if everything goes to a surviving spouse, and most houses are worth more than that. A TOD affidavit keeps the house out of probate entirely, for the price of a recording fee.
For how it compares with a living trust or a will, see living trust vs. lady bird deed vs. TOD deed.
How to set it up
- Get the affidavit form. Many county recorders and the Ohio State Bar publish versions. It has to include the property's legal description, a reference to your current deed, a statement that you're the owner of record, your marital status, and the names of your beneficiaries.
- Name a backup. You can name contingent beneficiaries who take if the first one dies before you. If no beneficiary survives you, the house goes through probate after all.
- Get your spouse's signature if they're not on the deed. Ohio still has dower rights, so a spouse who doesn't own the house has to sign a statement that those rights are subordinate to the beneficiaries.
- Sign in front of a notary.
- Record it with the county recorder. The fee is the same as for a deed, usually $34 for the first two pages plus $8 for each extra page. The county auditor doesn't need to endorse it.
The beneficiaries don't have to sign anything or even know about it. They have no interest in the house while you're alive.
Rules worth knowing
- Several beneficiaries take equal shares as tenants in common unless the affidavit says otherwise. That means all of them have to agree to sell. If one has a judgment or a divorce, it can tie up the house.
- Changing it: record a new affidavit. The latest one replaces the earlier ones. A will can't override it.
- Divorce: a former spouse named as beneficiary is treated as if they died before you.
- Joint owners with survivorship: when one owner dies, their share goes to the surviving owner first. The affidavit only works at the last owner's death, and only if that owner signed it.
- Children of a beneficiary who dies first don't automatically step in. Ohio's affidavit doesn't have a clear anti-lapse rule, so if you want a grandchild to take a child's share, name them as a contingent beneficiary.
What the beneficiary does after the owner dies
- Get certified death certificates for the owner and for any beneficiary who died first.
- Sign an Affidavit of Confirmation (ORC 5302.222) before a notary. It lists the surviving beneficiaries and their addresses, the date of death and the legal description.
- Take it to the county auditor for the transfer. Transfers at death are exempt from Ohio's conveyance fee (you file form DTE 100EX), so you pay only the small per-parcel transfer fee.
- Record it with the county recorder.
- Deal with the Medicaid form. The recorder hands you Ohio Medicaid's estate recovery form (ODM 07408). If the owner was 55 or older and on Medicaid, or lived in a nursing home, it goes to the Attorney General.
Then the property tax side. The homestead exemption and the owner-occupancy credit belonged to the person who died. They don't carry over, so if you move in, apply for your own with the county auditor by December 31. Our guide to the Ohio homestead exemption explains both.
What it doesn't do
- It doesn't wipe out debts on the house. The beneficiary takes it subject to the mortgage and any liens, including unpaid property taxes. See property taxes on an inherited house.
- It doesn't protect the house from Medicaid. Ohio's estate recovery program can reach property that passes outside probate, including by TOD affidavit.
- It doesn't avoid income tax issues, but it helps. The beneficiary gets a stepped-up basis at the date of death, the same as through a will. That's a big advantage over deeding the house to your children while you're alive.
Quick answers
Does Ohio have a transfer on death deed?
Yes, in the form of the transfer on death designation affidavit. It works like a TOD deed in other states.
How much does an Ohio TOD affidavit cost?
Usually about $34 to record a two-page affidavit, plus a notary. Lawyers commonly charge a few hundred dollars to prepare one.
How long does probate take in Ohio?
Usually six months to a year for a simple estate, because of the six-month creditor claim period. Contested or complicated estates take longer. Property passed by TOD affidavit isn't part of it.
Related: transfer on death deeds by state, how much probate costs and small estate options by state.
Sources
Ohio Revised Code sections 5302.22, 5302.222, 5302.221 and 5302.23 (via FindLaw, current through January 2026); the creditor claim period is from ORC 2117.06, and release from administration from ORC 2113.03 and the Wayne County Probate Court. Recording and transfer fees are from the Geauga, Ottawa, Lake and Franklin county recorder and auditor offices. Homestead reapplication is from Ohio Legal Help. This is general information, not legal advice; for a complicated family situation, have an Ohio lawyer draft the affidavit.