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Transfer on Death Deed Laws in Ohio

Ohio lets owners pass real estate at death through a transfer on death designation affidavit under its own statute rather than the uniform act, and the affidavit must be recorded with the county recorder before the owner's death.

Last checked . General information, not legal advice.

Ohio at a glance

TOD deed allowed
Yes (TOD designation affidavit)
Ohio uses a transfer on death designation affidavit rather than a deed.
Uniform act adopted
No, own statute
Ohio uses its own statute, R.C. 5302.22 to 5302.23, not the uniform act.
Recording rule
Before the owner's death
Recorded with the county recorder where the property is located (R.C. 5302.22(B), (F)). A change or revocation is done by recording a new affidavit before death (R.C. 5302.23(B)(5)).

Sources

Last checked

The rules in Ohio

Does Ohio allow transfer on death deeds for real estate?

Yes (TOD designation affidavit). TOD deed allowed in Ohio: yes (tod designation affidavit). Ohio uses a transfer on death designation affidavit rather than a deed.

Has Ohio adopted the Uniform Real Property Transfer on Death Act?

No, own statute. Uniform act adopted in Ohio: no, own statute. Ohio uses its own statute, R.C. 5302.22 to 5302.23, not the uniform act.

When must a transfer on death deed be recorded in Ohio?

Recording rule in Ohio: Before the owner's death. Recorded with the county recorder where the property is located (R.C. 5302.22(B), (F)). A change or revocation is done by recording a new affidavit before death (R.C. 5302.23(B)(5)).

Where do the Ohio transfer on death deed laws come from?

The rules above come from Ohio Rev. Code 5302.22 and Ohio Rev. Code 5302.23. Each source is linked on this page. We last checked them in October 2026.

Good to know

A beneficiary has no interest in the property until the owner's death, and the designation can be revoked or changed by recording a new affidavit before death.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.