Transfer On Death Designation Affidavit – Summit County, OH

The Transfer On Death Designation Affidavit is the sworn Ohio form, headed "[RC 5302.22]", in which the owner or owners of real property name one or more transfer on death beneficiaries who will receive the owners' title to that property when the owners die.

The Summit County Fiscal Office explains that the affidavit does not establish a present ownership interest in the beneficiary named on it. It is a provision in Ohio law that lets a sole property owner, tenants in common or tenants in survivorship name a beneficiary or beneficiaries who will take title upon their death (O.R.C. §5302.22).

The form identifies the property by its address, its recording number or book and page in the Summit County records, the township or city, the county, the parcel number and the Alt ID number. It records how title is held: sole owner, tenant(s) in common, tenant(s) in survivorship or tenants by the entireties. It also contains a statement by the owner's wife or husband that her or his dower rights are subordinate to the vesting of title in the beneficiary, and a sentence revoking any earlier transfer on death designation for that property, whether made by deed or by affidavit.

This form is not the document used after the owner dies. The Fiscal Office lists a separate Affidavit of Confirmation, completed together with the Medicaid Estate Recovery Form, for when a person holding real property with a Transfer on Death Designation Affidavit dies (O.R.C. §5302.222).

Owners of real property in Summit County, Ohio, who want to name who will take title at their death use this affidavit. The Fiscal Office says Ohio law allows it for a sole property owner, for tenants in common and for tenants in survivorship; the form also offers a box for tenants by the entireties.

• Owners. Every owner signs, and the form asks for each owner's marital status.
• Spouse of an owner. The form has a statement and a signature line for the wife (husband) of the owner, confirming that her or his dower rights are subordinate to the beneficiary's vesting of title.
• Owners changing an earlier designation. The affidavit revokes any prior transfer on death beneficiary designation for the same property, whether made by deed or by affidavit.

The beneficiary does not sign and receives no present ownership interest. After an owner's death, a different document applies: the Affidavit of Confirmation, with the Medicaid Estate Recovery Form.

Complete the affidavit when the owner or owners decide to name, or replace, the person who will receive the property at death. No due date is printed on the form. Because it revokes any earlier designation for that property, signing a new one replaces a designation made by deed or by an earlier affidavit.

The designation operates at the owner's death, and the Fiscal Office says it does not give the beneficiary a present ownership interest in the meantime. When an owner holding property with this affidavit dies, the Fiscal Office directs the survivors to a separate Affidavit of Confirmation, completed with the Medicaid Estate Recovery Form.

The form prints no mailing address, portal or appointment rule, so delivery follows the instructions of the Summit County Fiscal Office. The Fiscal Office publishes the affidavit on its forms page, https://fiscaloffice.summitoh.net/forms, and the form refers to the Summit County records, asking for the recording number or book and page of the property.

Before you deliver it, the owner or owners must sign and swear to it before a notary public, who completes the "Sworn to and signed before me" block. The form also has a line for the name of the person who prepared it. Contact the Fiscal Office to confirm where and how it accepts the signed original and whether any fee applies. FillingPDF lets you fill out and download the PDF; submission follows the channels the Fiscal Office sets.