Maple Heights, OH asked in Real Estate Law for Ohio

Q: I am filing a transfer on death affidavit for my mothers property in Ohio.

My father and mother purchased land in 1963 to build their home and the deed transferred to my mother in 2002 at my fathers death. There is a certificate of transfer on file but there is no volume and page number which the form requires. Can I reference the deed from 1963 that has a volume and page number and attach the certificate of transfer to the transfer on death affidavit.

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Cincinnati, OH
  • Licensed in Ohio

A: If the certificate of transfer was recorded in the county recorder's office, the book/page recording reference will be in their on-line records or in their records. If it was not recorded, it must be recorded now. To be sure your TOD affidavit will be valid, use the Find a Lawyer tab to retain a local real estate attorney to review the title to the property in the county records and get the affidavit properly completed and recorded. If you do not do it correctly, it could be deemed invalid.

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