Transfer on Death Affidavit or Survivorship Deed in Ohio?
The arrangements do different work
A survivorship deed addresses ownership by present co-owners and the effect of a co-owner’s death. An Ohio transfer-on-death designation affidavit identifies beneficiaries for the owner’s interest at death under the applicable statutes. Neither should be chosen merely because both can provide a nonprobate transfer route.
Consider whether present ownership should change
Adding someone as a current owner can affect control and future transactions during life. A TOD beneficiary designation instead concerns the interest passing at death; it should not be described as simply adding a present owner. Read the current deed and identify the exact interest before preparing either instrument. Existing mortgages and other restrictions need separate attention.
Review execution, recording, and beneficiary details
Sections 5302.22 and 5302.23 govern Ohio real-estate TOD arrangements and their operation. Section 5302.17 addresses survivorship deeds. Accurate legal descriptions, ownership information, beneficiary names, and proper recording matter. Explain what should happen if a beneficiary dies first or if multiple people will receive the property.
Evaluate the whole result
Probate avoidance does not guarantee protection from creditors, Medicaid recovery, taxes, or family disputes. A deed decision may also affect who can sell or borrow against the home. Bring the deed, loan information, and estate plan to counsel. The appropriate instrument should fit the intended ownership, control, and succession rather than only the desire to avoid a court filing.
Related Ohio guidance
- What Does It Mean to Fund a Revocable Trust in Ohio?
- Should I Name a Beneficiary on Every Account in Ohio?
Legal references
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Discuss your next step with McCalla Law. Call 614-702-1211 or request a consultation. Send only a brief, nonconfidential description initially. This article provides general legal information and does not create an attorney-client relationship.
