Definition and meaning
The Ohio Affidavit of Confirmation is a legal document used to confirm the transfer of real estate ownership following an individual's death. This affidavit complies with Section 5302.222 of the Ohio Revised Code. It verifies that the deceased owner’s entire interest in real estate has transferred to designated beneficiaries, as outlined in their estate planning documents.
How to complete a form
To complete the Ohio Affidavit of Confirmation, follow these steps:
- Fill out the names of the deceased individual and their legal aliases, if applicable.
- Provide details of the property, referencing the property's legal description as stated in the attached Exhibit A.
- Attach a certified copy of the death certificate as Exhibit B.
- List all beneficiaries who inherit the property after the individual's death.
- Sign and date the affidavit in the presence of a notary public.
Key components of the form
The Ohio Affidavit of Confirmation contains several important components:
- Personal Information: Names of the deceased and beneficiaries.
- Property Information: Legal description and parcel number of the real estate.
- Death Certification: A certified copy of the death certificate.
- Notarization: The document must be signed before a notary public to be legally binding.
Who should use this form
The Ohio Affidavit of Confirmation is intended for use by individuals who are administering the estate of someone who has passed away, specifically when real estate is involved. It is particularly useful for property beneficiaries or heirs who need to confirm their legal right to the property as designated in the deceased's transfer-on-death documents.
Common mistakes to avoid when using this form
When completing the Ohio Affidavit of Confirmation, be mindful of the following common mistakes:
- Failing to include all required exhibits, such as the death certificate.
- Not providing accurate property descriptions or legal identifiers.
- Signing the affidavit without a notary present, rendering it invalid.
- Omitting necessary details about the deceased's aliases or any prior property transfers.
What documents you may need alongside this one
When preparing the Ohio Affidavit of Confirmation, you may need to gather the following documents:
- A certified copy of the death certificate of the deceased individual.
- Any prior deeds or affidavits related to the real estate in question.
- Transfer-on-death designation documents, if applicable.
- Identification documents for the individuals involved, such as a driver's license or state ID.
What to expect during notarization or witnessing
During the notarization of your Ohio Affidavit of Confirmation, you can expect the following:
- You must present valid identification to the notary public.
- The notary will verify your identity and your understanding of the document.
- You will sign the affidavit in the presence of the notary, who will then affix their seal.
- Upon completion, you will receive a notarized copy for your records.