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how to avoid probate using transfer on death deed

Posted on: 13th Nov, 2006 03:50 pm
I am in Ohio and wanted to know about the transfer on death deed and can it be used to avoid probate
Hi Sdoka,

Yes Transfer on Death Deed can be used to avoid probate. It is a real estate deed with a provision allowing the property owner to transfer the ownership to a person designated in the deed after his death.

After the death certificate and an affidavit are filed in the Recorder's office the property gets transferred to the designated beneficiary.

The affidavit should:
  1. State that the owner of record is deceased,
  2. Identify the property,
  3. Name all beneficiaries who survived the property owner, and
  4. Name all beneficiaries who did not survive the property owner.

Posted on: 13th Nov, 2006 04:02 pm

Let me add that where there are multiple beneficiaries named in the deed, all the beneficiaries become co-owners and each get equal share in the property.

Also all the beneficiaries should agree to any sale, division or transfer of the property. And take the property subject to any liens or other rights of the creditors over the property.

Only those beneficiaries who survived the property owner are eligible to inherit the property. Therefore, you cannot specify a class of people, such as "my children" or "my lineal descendants, per stripes," as you can in a Will or trust.

Hope this information will be helpful to you.

Posted on: 13th Nov, 2006 04:14 pm
Thanks Colin and Blue for providing information about transfer on death deeds. It really helped a lot.
Posted on: 13th Nov, 2006 04:24 pm
Hi Sdoka,

The Transfer on death deed or Beneficiary deed is applicable in seven states – Arizona, Colorado, Kansas, Missouri, Nevada, New Mexico and Ohio. The beneficiary named on the deed cannot get hold of the interest in the property until and unless the owner dies. The owner has the right to change the beneficiaries any time and for any reason.

For more information on Beneficiary Deed , refer to a previous discussion.


Posted on: 13th Nov, 2006 09:57 pm
where can I get a transfer on death form to be used in ohio...
Posted on: 05th Apr, 2007 03:03 pm
Hi Dowe,

You will get the format of a TOD form on this page,

Posted on: 05th Apr, 2007 03:07 pm
If there is a Medicaid claim in which all the money due is available in the estate checking accout, does any money have to come out of the house from a TOD? Does the beneficieries in the will have a right to claim funds from the selling of the house in which they were not benefiecieries on the TOD?
Posted on: 08th Mar, 2009 12:23 pm
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