Ohio Abolishes Use of Transfer on Death Deed

Effective January 2, 2010, a new bill known as S.B. 124 became law in Ohio which effectively abolishes the use of transfer upon death deeds in Ohio and replaces them with transfer upon death affidavits. The new affidavit requires a description of the property, the specific interest to be transferred if it is to be less than the entire interest, a statement by the individual executing the affidavit that he is the record owner of the property, and if the owner is married the affidavit must include a statement by the owner's spouse subordinating the spouse's dower interest. The bill also allows a person to designate less than his/her entire interest as transferable on death.