The Transfer on Death Designation Affidavit is a sworn statement, citing O.R.C. Section 5302.22, in which the owner or owners of real property in Cuyahoga County name who receives the property's title at their death. The Cuyahoga County Fiscal Officer lists it among its Real Estate Services Forms. You can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF is published by the Fiscal Officer at the link on this page.
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What is Transfer on Death Designation Affidavit – Cuyahoga County, OH?
The Transfer on Death Designation Affidavit is the State of Ohio, County of Cuyahoga form (O.R.C. Section 5302.22) on which one or more owners of record swear that they designate the beneficiary or beneficiaries who will receive title to a described parcel of real property upon the owners' death.
The affidavit identifies the property by its address, by the Volume and Page or AFN (the recording reference) in the Cuyahoga County Records, and by its Permanent Parcel No. The legal description is attached to the form. The affiant states how title of record is held: Sole Owner, Tenant(s) in Common, Tenant(s) in Survivorship or Tenants by the Entireties.
The form has two mutually exclusive sections, and you check only one:
- Section A, Single Beneficiary: the entire undivided interest in the property goes to one named sole beneficiary.
- Section B, Multiple Beneficiaries: each beneficiary is listed with the undivided interest of the affiants and the type of tenancy.
The form also contains a statement by the affiant's wife or husband that her or his dower rights are subordinate to the vesting of title in the beneficiary or beneficiaries. It states that the affidavit revokes, replaces and supersedes any prior beneficiary designation by the affiants, by deed or by affidavit, for the same property. It is sworn before a notary public.
The Fiscal Officer's page notes that documents of this kind must be prepared in the standard format required by ORC 317.114.
Who needs to file Transfer on Death Designation Affidavit – Cuyahoga County, OH?
The owner or owners of record of real property in Cuyahoga County who want to designate transfer on death beneficiaries for that property use this affidavit. The form is written for one or several affiants, and it covers four ways of holding title: sole owner, tenants in common, tenants in survivorship and tenants by the entireties.
Conditions printed on the form:
- Choose Section A if one person will be the sole beneficiary of the entire undivided interest. Choose Section B if there are several beneficiaries. Check only one.
- If an affiant's wife or husband signs the dower statement, that spouse names himself or herself on the form and states that dower rights are subordinate to the beneficiary's vesting of title.
- Anyone who has already named a beneficiary for the same property by deed or affidavit should know that this affidavit revokes, replaces and supersedes that earlier designation.
The form does not say that anyone other than the owners of record may complete it, and it contains no section for a representative.
When to file Transfer on Death Designation Affidavit – Cuyahoga County, OH
The form prints no due date or filing window. The triggering event is the owner's decision to name, or to replace, a transfer on death beneficiary for a parcel of Cuyahoga County real property.
The affidavit is sworn before a notary public, with the day, month and year of the oath written on the form, so complete it when the affiants can sign in front of the notary. Because it revokes, replaces and supersedes any earlier beneficiary designation by deed or affidavit for the same property, use it whenever you intend that result. For timing questions about delivering the signed affidavit, contact the Cuyahoga County Fiscal Officer.
Documents you need
- Legal description of the property: the form says "Legal Description – See Attached," so attach it to the affidavit.
- A notary public's completion of the "SWORN TO BEFORE ME" block: the affiants subscribe the affidavit in the notary's presence.
How to fill out Transfer on Death Designation Affidavit – Cuyahoga County, OH
Enter the affiant's name
On the first line after "I," write the name of the person making the sworn statement. The form is headed State of Ohio, County of Cuyahoga.
Name the owners of record
In the line that begins "That ... the Affiant(s) is/are the owner(s) of record," write the name or names of all owners of record.
Describe the property
Write the property address, then the Volume and Page or the AFN where the property is recorded in the Cuyahoga County Records. Enter the Permanent Parcel No. and attach the legal description.
Mark how title is held
Mark exactly one of Sole Owner, Tenant(s) in Common, Tenant(s) in Survivorship or Tenants by the Entireties.
Choose Section A or Section B
Check only one: A Single Beneficiary or B Multiple Beneficiaries. Complete only the section you checked.
Complete Section A for one beneficiary
Write the name of the sole beneficiary who receives the entire undivided interest on the affiant's death.
Complete Section B for several beneficiaries
On each row, enter the beneficiary's name, the undivided interest of the affiant(s) and the type of tenancy. Use the page that the form says to complete only if option B applies.
Complete the dower statement
If an affiant has a wife or husband, write that spouse's name in the dower-rights paragraph, which states that dower rights are subordinate to the vesting of title in the beneficiaries.
Sign before a notary public
Each affiant signs on an "Affiant" line in front of the notary, who completes the day, month and year and signs as Notary Public. Fill the "Prepared By" line at the bottom.
Review and download the PDF
Check that only one Section is marked, the parcel number and recording reference are correct and the legal description is ready to attach. Download or print the completed PDF from FillingPDF and take it to the notary.
How to submit Transfer on Death Designation Affidavit – Cuyahoga County, OH
The form itself names no address, portal or delivery method. The Cuyahoga County Fiscal Officer publishes it on its Real Estate Services Forms page, under the Transfer and Recording department, at https://cuyahogacounty.gov/fiscal-officer/departments/transfer-and-recording/real-estate-services-forms.
- Before you deliver it: have the affiants sign in the presence of a notary public, who completes the "SWORN TO BEFORE ME" block, and attach the legal description, which the form says is attached.
- Format: the Fiscal Officer's page says documents of this kind must be prepared in accordance with ORC 317.114, the standard format for instruments to be recorded.
- Procedures: the same page links to Transfer and Recording Procedures and Transfer and Conveyance Standards. Check them, or ask the Fiscal Officer, for where and how to deliver the signed original and for any fee, which the form does not mention.
FillingPDF lets you fill out and download the PDF; submission follows the Fiscal Officer's channels.
Common mistakes to avoid
- Checking both Section A (Single Beneficiary) and Section B (Multiple Beneficiaries); the form says to check only ONE.
- Checking more than one title box: Sole Owner, Tenant(s) in Common, Tenant(s) in Survivorship or Tenants by the Entireties.
- Leaving the legal description off, when the form states that it is attached.
- Signing before meeting the notary; the jurat reads "sworn to before me and subscribed in my presence."
- Listing multiple beneficiaries in Section B without each beneficiary's undivided interest and type of tenancy.
- Overlooking that the affidavit revokes, replaces and supersedes any prior beneficiary designation by deed or affidavit for the same property.
- Leaving the permanent parcel number or the Volume/Page or AFN recording reference blank.
- Skipping the dower statement when an affiant has a wife or husband, who names himself or herself in that paragraph.
Frequently asked questions
What is a Transfer on Death Designation Affidavit in Cuyahoga County?
It is a sworn form, citing O.R.C. Section 5302.22, in which the owners of record of Cuyahoga County real property designate who receives the title upon their death. The Cuyahoga County Fiscal Officer lists it among its Real Estate Services Forms.
Should I check Section A or Section B?
Check Section A if one person will be the sole beneficiary of the entire undivided interest. Check Section B if you name several beneficiaries and list each one's name, undivided interest and type of tenancy. The form says to check only one.
Does the affidavit need to be notarized?
Yes. The form ends with a "SWORN TO BEFORE ME and subscribed in my presence" block for the day, month, year and a Notary Public's signature, so the affiants should sign in the notary's presence.
What happens to my earlier beneficiary designation?
The form states that this affidavit and its designations revoke, replace and supersede any prior beneficiary designation by the affiant(s), whether made by deed or affidavit, for the same real property.
What information do I need about the property?
You need the property address, the Volume and Page or AFN where it is recorded in the Cuyahoga County Records, and the Permanent Parcel No. The legal description must be attached, as the form states.
Where do I submit the signed affidavit?
The form prints no address or channel. The Cuyahoga County Fiscal Officer publishes it with its Transfer and Recording resources, so contact that office or check its Transfer and Recording Procedures page for where to deliver it.
Can I fill out this affidavit online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service: it does not notarize, file or deliver the affidavit, so you still sign before a notary and submit it through the Fiscal Officer's channels.
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