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Title Tag: Ohio Transfer on Death Deed (TODD) 2026: The Nation's Original TOD Deed — Complete Guide - ProbatePedia

Meta Description: Ohio invented the Transfer on Death Deed in 1989 — the first state in the nation. Ohio's TODD (ORC §5302.22) lets homeowners pass real property at death without probate by recording a simple instrument. No trust required. No court involvement. Fully revocable. Here's the complete how-to guide.

Ohio Transfer on Death Deed (TODD, 2026): The Nation's Original

Last Updated: March 2026 • ORC §5302.22• OH Series — Article 4 of 8 · HIGH SEARCH VOLUME

| Ohio TODD — Complete Feature Reference | | | --- | --- | | Governing statute | ORC §5302.22 (Transfer on Death) and ORC §5302.222 (multiple beneficiaries) | | Instrument name | Transfer on Death Designation Affidavit (affidavit form) OR Transfer on Death deed form — both are used in practice | | Execution | Owner signs; notarized; witnessed (2 witnesses — ⚠ editor verify current ORC §5302.22 witness requirement) | | Recording | Must be recorded with the county Recorder of Deeds in the county where the property is located BEFORE the owner's death — a TODD not recorded before death has no legal effect | | Revocable? | Yes — fully revocable at any time during the owner's lifetime; revoke by recording a new TODD naming different beneficiaries, or by recording a revocation affidavit | | Beneficiary's interest during owner's life | None — the beneficiary has zero current interest; owner retains full title including right to sell, mortgage, borrow against, or transfer the property | | At owner's death | Beneficiary records an Affidavit of Survivorship (or similar instrument) and the owner's death certificate with the county Recorder; title vests in the beneficiary | | Multiple beneficiaries | Yes — ORC §5302.222 allows multiple beneficiaries; owner specifies fractional shares | | Contingent beneficiaries | Yes — Ohio's statute allows naming contingent beneficiaries if primary predeceases the owner | | Creditors | Beneficiary takes subject to any existing liens or mortgages on the property | | Ohio estate tax | None — Ohio has no estate tax; TODD property is not subject to any Ohio death tax | | Federal estate tax | TODD property is included in the owner's federal gross estate (revocable transfer — IRC §2038) | | Medicaid (Ohio Medicaid) | TODD property is generally included in the decedent's probate estate for Ohio Medicaid estate recovery under Ohio's expanded estate recovery — ⚠ editor verify current Ohio ODM estate recovery scope for TODD property; this is a critical distinction from states with probate-only recovery | | Deed excise tax | Transfer to TODD beneficiary at death: Ohio deed transfer tax (conveyance fee) generally applies — ⚠ editor verify current ORC §319.202 treatment of TODD transfers |

How to Execute an Ohio TODD — Step by Step

| ContentActionContentDetails** | | --- | --- | --- | | 1 | Identify the property | Legal description from existing deed; county Auditor parcel number; address | | 2 | Identify beneficiaries | Full legal name of each beneficiary; their relationship (optional but helpful); if multiple, specify fractional shares; name contingent beneficiaries | | 3 | Prepare the TODD instrument | Use the Ohio statutory form under ORC §5302.22 OR have an attorney prepare a TODD affidavit; must include: legal description, owner's name, beneficiary names, shares if multiple, contingents | | 4 | Sign and notarize | Owner signs before a notary public; 2 witnesses sign if required by current statute (⚠ verify current ORC §5302.22 witness requirement) | | 5 | Record with county Recorder | File with the Recorder of Deeds in the county where the property is located; pay county recording fee (typically $28–$72 per document — ⚠ verify current county recording fee) | | 6 | Confirm recording | Obtain a stamped copy; confirm the instrument appears in the county's online property records | | 7 ⚠ Critical | At owner's death | Beneficiary must file an Affidavit of Survivorship and a certified copy of the death certificate with the county Recorder to formally vest title in the beneficiary's name |

Recording Before Death Is Non-Negotiable — An Unrecorded TODD Is Void:

The single most critical requirement of the Ohio TODD is that it must be recorded with the county Recorder of Deeds before the owner's death. A TODD that is fully executed, notarized, and witnessed but sitting in a filing cabinet — not yet recorded — has no legal effect. The owner's estate will go through probate as if the TODD never existed. This is the same requirement as in Illinois (where failure to record before death is the most common TODD failure mode). Keep the recording confirmation and verify it appears in the county's property records. If the TODD is recorded, the beneficiary's rights are automatic at death.

Ohio TODD vs. Revocable Living Trust — The Right Tool for Each Situation

| ContentOhio TODDContentRevocable Living Trust** | | --- | --- | --- | | What assets does it cover? | Real property only | All assets: real property, bank accounts, investments, business interests, personal property | | Court involvement at death? | None — beneficiary records Affidavit of Survivorship | None — Successor Trustee acts immediately | | Incapacity planning? | None — TODD has no incapacity provisions | Yes — Successor Trustee acts at incapacity without court | | Complex distribution terms? | Very limited — TODD names a beneficiary; cannot set age conditions, spendthrift terms, or conditional distributions | Full flexibility — trust can include any distribution terms | | Contingent beneficiaries? | Yes — Ohio TODD allows contingent beneficiaries | Yes — full contingency planning in trust document | | Cost to create? | $250–$600 (attorney preparation + recording fee) | $1,500–$4,000 (attorney-drafted trust package) | | Ohio Medicaid estate recovery risk? | Higher — Ohio's expanded recovery may include TODD property — ⚠ verify | Depends on current Ohio ODM rules for trust assets | | Best for? | Homeowner with simple situation: one residence, no incapacity concern, no complex family situation, estate well under $15M | Anyone who owns multiple assets, has incapacity concerns, has complex family dynamics, owns out-of-state property, or has a business |

Use Both: TODD for the House, Trust for Everything Else:

The optimal Ohio estate plan for many homeowners is not either/or — it's both. Record a TODD on the primary residence (simple, low-cost, immediately effective). Create a revocable living trust to handle bank accounts, investments, business interests, out-of-state property, and incapacity planning. Together, these two instruments eliminate virtually all probate exposure at a combined cost that is typically less than a full trust package alone. An Ohio estate planning attorney can structure both instruments in a single planning engagement.

Ohio TODD History — How Ohio Changed American Property Law

| ContentMilestone** | | --- | --- | | 1989 | Ohio enacts ORC §5302.22 — the first Transfer on Death deed law in the United States | | 1990s–2000s | A handful of other states begin experimenting with TOD deed concepts, drawing on Ohio's model | | 2009 | Uniform Law Commission begins drafting the Uniform Real Property Transfer on Death Act (URPTODA) — explicitly modeled on Ohio's law and other early adopters | | 2009–2011 | Missouri, Kansas, Nevada, New Mexico, Oklahoma, and others enact their own TOD deed statutes | | 2011 | Illinois enacts its Transfer on Death Instrument (TODI) — directly based on the Uniform Act and Ohio's experience | | 2012 | California Governor signs AB 1360 — effective January 1, 2016 — bringing TOD deeds to the nation's largest state | | 2015 | Texas enacts Transfer on Death deed for real property | | 2026 | 30+ states now have some form of TOD deed for real property; New York and New Jersey still do not | | Ohio today | Ohio's version remains among the most mature, most user-friendly, and most widely used TOD deed laws in the nation; 35+ years of case law and practice experience |

Common Ohio TODD Mistakes and How to Avoid Them

| ContentConsequenceContentPrevention** | | --- | --- | --- | | TODD not recorded before death | TODD is void — no legal effect; estate goes through probate | Record the TODD immediately after execution; keep confirmation; add to estate document checklist | | Beneficiary predeceases owner with no contingent named | Primary beneficiary is deceased; TODD may lapse; property may go through probate | Name contingent beneficiaries in the TODD; or revoke and record new TODD with updated beneficiaries | | TODD on jointly-owned property without co-owner's signature | May not be effective if second owner survives; or TODD may only apply to one owner's half | Both co-owners must execute the TODD; or use joint TODD form | | TODD not updated after divorce | Ex-spouse may still be named beneficiary | Review and update all estate documents including TODD after divorce | | Mortgage or lien not accounted for | Beneficiary takes property subject to the mortgage; may not be aware of debt | Disclose mortgage to beneficiary; ensure beneficiary can qualify to assume or refinance | | Medicaid estate recovery not considered | Ohio Medicaid may recover from TODD property at death — ⚠ verify current Ohio ODM rules | Consult Ohio elder law attorney if Medicaid planning is relevant |

✅ Verified Legal Data — March 2026

• ORC §5302.22 — Ohio Transfer on Death designation; enacted 1989 — confirmed

• ORC §5302.222 — multiple beneficiaries under Ohio TODD — confirmed

• TODD must be recorded before death to be effective — confirmed

• Ohio pioneered TOD deed in 1989; first state in the nation — confirmed

• Ohio electronic wills: ORC §2107.011 — confirmed

• Ohio estate tax: none (repealed January 1, 2013) — confirmed

• Ohio Medicaid (ODM) estate recovery scope for TODD property — ⚠ CRITICAL: editor must verify current Ohio ODM regulations; Ohio has historically had expanded estate recovery

• ORC §5302.22 witness requirements — ⚠ editor verify current execution requirements

• County recording fee: ⚠ editor verify current fee for each county where readers may be recording

• ORC §319.202 deed transfer tax (conveyance fee) on TODD transfers — ⚠ editor verify

Ohio Series Navigation:

OH-1 → How to Avoid Probate in Ohio

OH-2 → Ohio Probate Process — Probate Court Step-by-Step

OH-3 → Ohio Small Estate & Summary Release from Administration

OH-4 → Ohio Transfer on Death Deed (TODD) — The Nation's Blueprint

OH-5 → Ohio Revocable Living Trust

OH-6 → Ohio Estate Planning: No Estate Tax, No Inheritance Tax

OH-7 → Ohio Medicaid & Estate Planning

OH-8 → Ohio Living Trust vs. Will

probatepedia.com · /ohio/transfer-on-death-deed/ · OH-4 of 8 · v1.0 March 2026