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Ohio law allows individuals who do not need the estate administration benefits of a trust agreement to avoid Probate on the transfer of real property by executing a legal document called a Transfer-On-Death (TOD) Designation Affidavit.
How to create a Transfer on Death for your home Choose your recipients. You can choose one or more people to become owner of any home or land that you own. Find a copy of your deed. Complete the TOD for real estate form. Take the form to a notary. Submit the form at your County Recorders Office.
Disadvantages of transfer on death deeds Creditors may come after the new owner(s) of the property. Beneficiaries may get equal shares of the asset. Not available in many states. Unintentional disinheritance. Raises the risk that estate planning documents dont match.
You can obtain one from an online search for Beneficiary Deed or Transfer on Death Deed or often from the same Recorders Office that holds copies of the deeds. Ensure that you find one for the state where the property is located. Complete the form, being specific about the beneficiaries.
Beneficiary Liability: A beneficiary named in a TOD deed becomes personally liable for the property owners unsecured debts up to the value of the property received. This result may have been unintended by the owner and as an unpleasant surprise to the beneficiary.
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If youre thinking about ways to keep your home out of probate, and TOD deeds are an available option in your state, they are well worth considering. Unless you have a complex situation or have specific concerns, you likely wont need a lawyer to create a TOD deed.

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