Transfer on Death Affidavit or Probate: How an Ohio House Passes to the Next Owner

When an Ohio homeowner dies, the house does not simply go to whoever the family assumes. It follows the paperwork. For one family that paperwork is a will and a probate case. For another it is a single affidavit the owner recorded years earlier and nobody remembers.

Both paths end with a new owner who can sell, but the steps are different, and so is the wait. Here is how each one works.

What a transfer on death affidavit does

Ohio lets an owner name who receives a house at death by recording a transfer on death designation affidavit. Under Ohio Revised Code 5302.22, an individual who owns the property alone, as a tenant in common, or as a survivorship tenant can do this, and a married owner signs with the spouse. The affidavit is sworn before someone authorized to administer oaths, describes the property, names the beneficiaries, and is recorded with the county recorder the same way a deed is.

Two details surprise people. The affidavit only works if it is recorded before the owner dies. And the beneficiaries do not have to agree to it or even receive a copy, so a family can go years without knowing one exists.

While the owner is alive, nothing changes. Ohio Revised Code 5302.23 says the designation has no effect on present ownership, the beneficiary has no interest in the house yet, and the owner can change or cancel it at any time by recording a new affidavit.

How the house moves after the owner dies

At death, the house passes to the named beneficiaries, and it does not pass under the owner's will or through intestate distribution. Unless the owner said otherwise, the beneficiaries take equal shares as tenants in common.

The beneficiaries then finish the transfer themselves. Under Ohio Revised Code 5302.222, the beneficiary signs an affidavit of confirmation, files it with the county auditor and the county recorder, and attaches a certified copy of the owner's death certificate. The affidavit lists the surviving beneficiaries and their addresses, the date of death, and the property description. The statute sets no filing deadline, but a buyer's title company will expect to see it recorded before closing.

One more step catches families off guard. Under Ohio Revised Code 5302.221, the beneficiary must answer a state form about whether the owner received Medicaid. If the answer is yes, or the beneficiary does not know, the form goes to the Medicaid estate recovery administrator. If your parent spent time in long-term care, that is worth a conversation with an elder law attorney before you list the house.

How the house moves through probate instead

If the owner left no transfer on death affidavit, survivorship deed, or trust, the house is a probate asset. With a will, the court appoints the named executor. Without one, it appoints an administrator. We covered who has authority to sign in Executor, Administrator, Trustee: Who Can Actually Sign the Deed in Ohio.

From there, there are two common ways to reach a sale. The executor or administrator can sell the house on behalf of the estate. Or the heirs can take title first. Under Ohio Revised Code 2113.61, the probate court issues a certificate of transfer naming each person who receives the property and their share, and it is recorded in the county where the house sits. The application comes after the inventory is filed, and the court issues the certificate within five days of a complete application. The larger question for most families is how long the whole case takes, which we walked through in Probate in Ohio: How Long It Takes and What Heirs Should Know.

Where a transfer on death affidavit does not solve everything

The affidavit moves title, but it does not erase what is attached to the house. Under Ohio Revised Code 5302.23, mortgage holders, judgment creditors, and other lienholders keep their rights, and the beneficiaries take only the interest the owner held at death, subject to existing mortgages and other encumbrances. A house that passes with a mortgage on it still has that mortgage, so it has to be kept current or paid off from the sale.

The statute also covers what happens when a beneficiary dies before the owner. A contingent beneficiary named in the affidavit takes that share. If no beneficiary or contingent beneficiary qualifies, the interest passes through the owner's probate estate after all. A divorce or annulment cancels a former spouse's designation, and the spouse is treated as having died first.

Equal shares can also be a problem. Two or three siblings who each own a third of a house have to agree on whether to sell, keep, or rent it, and every co-owner will need to sign the deed at closing. When they do not agree, the situation looks like the one in How to Handle an Inherited Property When Heirs Disagree.

What to do if you think a house passed this way

Start by finding out which path you are on. Ohio Revised Code 5302.22 says the affidavit is indexed under the owner of record's name, so the county recorder's office where the house sits can search for one. Bring the owner's full name and the property address.

Whichever path applies, the title company will ask for proof of authority before closing: the recorded affidavit of confirmation for a transfer on death, or letters of authority or a recorded certificate of transfer for probate. Gather certified death certificates early, since both paths need them. None of this is legal advice, and an Ohio estate attorney can tell you in one meeting which path your family is on.

Not sure which path your family's house is on?

If you have inherited a house in Tuscarawas County and are trying to sort out the next step, we are glad to talk it through, and we work around your paperwork timeline rather than rushing it. You can read more about selling an inherited house in Dover, Ohio, or request a no-obligation cash offer once the title is sorted out.