The Transfer on Death Designation Affidavit (TOD), when properly recorded, permits the direct transfer of the described real property to the designated beneficiary or beneficiaries upon the death of the owner, thus avoiding Probate administration.
8 Ways to Avoid Probate by Mary Randolph
Call Number: KF 750 .Z9 R36 Publication Date: 2018Also available from the Library's website at https://lawlibrary.franklincountyohio.gov/, under Self-Help Legal Resources.
A spouse who has not relinquished it shall be endowed of an estate for life in one third of the real property of which the consort was seized as an estate of inheritance at any time during the marriage. Such dower interest shall terminate upon the death of the consort except when the spouse did not relinquish his/her dower rights when property was transferred.
The Transfer on Death Affidavit must be recorded at the Recorder's Office where the property is located before the grantor dies.
Used to revoke TOD before grantor dies. Grantor may then file another TOD.
Beneficiary (ies) must record after grantor dies.
How to fill out the deed forms from the Franklin County Law Library:
1) Read the entire form carefully. You will get a good idea of what goes in each blank by reading what comes before and after the blank.
2) Enter all the names of the current owners of the property as the grantors on the deed.
3) Enter all the names of the persons you want to be owners of the property as the grantees. Note: if you are adding a name to the deed, you list the current owner and the new owner both as grantees.
4) Attach the legal description of the property from the prior deed. You can obtain a clean copy of the legal description from the Franklin County Recorder's Office. (You cannot just attach the entire prior deed because conveyance standards prohibit multiple grantor/grantee clauses in one deed.)
5) Each grantor must sign the deed in front of a notary public. There is a notary at the Franklin County Auditor's Office. Each deed that transfers real estate must start the process at the Auditor's Office.
6) The deed is filed at the Franklin County Recorder's Office.
Ohio State Bar Association. Individuals who own real property titled as “joint and survivorship” can execute a TOD Designation Affidavit. Upon the death of such an individual, the real property passes to the surviving owner and only upon the death of the last surviving joint and survivorship owner does the real property pass to the beneficiary or beneficiaries named in the TOD Designated Affidavit. The last joint and survivorship owner however must join in the TOD Designated Affidavit.
