Research FAQ's: Transfer on Death Deeds and Affidavits

The Law Library Staff prepares "Research Frequently Asked Questions" (FAQs) for the convenience of our users to provide access to a variety of sources addressing particular points of law. These are general legal information sources, and are not to be construed as a substitute for personal legal advice from an attorney. Please seek legal counsel to help you determine the applicability of any of the information in these resources to your specific situation. The Law Library makes no recommendation as to whether you should purchase any services offered by the websites contained in this FAQ.

Ohio Revised Code Sections:

• Ohio Revised Code Section 5302.22: Transfer on death deed form [and definitions]

• Ohio Revised Code Section 5302.222: Transfer of deceased’s real property; Recording; Affidavit of Confirmation

• Ohio Revised Code Section 5302.23: Designating transfer on death beneficiary

• Ohio Revised Code Section 5302.24: Affect of Revised Code sections 5302.22, 5302.222, and 5302.23

Sample Court Forms For A Transfer On Death Designation Affidavit:

• Cuyahoga County Transfer on Death Sample forms

• Greene County Recorder Form

Articles About The New Law:

• Ohio State Bar Association: Transfer-On-Death Designation Affidavit Avoids Probate of Real Estate

• Ohio Eliminates Transfer on Death Deeds by Budish, Solomon, Steiner & Peck, Ltd.

Property Ownership:

• Cuyahoga County Probate Court FAQ on Estates (including What is Survivorship Tenancy? And What is Joint and Survivorship property?)

Medicaid Estate Recovery Program:

• Ohio Revised Code Sec. 5162.21

• Ohio Administrative Code Sec. 5160:1-2-10

• Ohio Department Of Medicaid: Ohio Medicaid Estate Recovery

• U.S. Department of Health and Human Services Medicaid Estate Recovery Policy Brief

Research Resources:

• 35 Ohio Jurisprudence 3d, Deeds, section 8 (Transfer on death designation affidavit)

• 35 Ohio Jurisprudence 3d, Deeds, section 16 (Transfer on death designation affidavit)

• Keister, David L., What happens after "D" in T.O.D., 69 Title Topics 7 (May 2002)

• Millonig, Michael J., Centorbi decision on Medicaid estate recovery, 21 PROBATE LAW JOURNAL OF OHIO 4 (July/Aug. 2011)

• Layman, Brian, Clarification and explanation of transfer on death ("TOD") deeds, 69 Title Topics 11 (Aug. 2002)

• Ohio State University article: Basic Estate Planning