Ohio Affidavit as to Termination of Joint Tenancy with Right of Survivorship by Surviving Tenant (One Tenant is Deceased)
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How to fill out Affidavit As To Termination Of Joint Tenancy With Right Of Survivorship By Surviving Tenant (One Tenant Is Deceased)?
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FAQ
(A) Except as provided in section 5302.21 of the Revised Code, if any interest in real property is conveyed or devised to two or more persons for their joint lives and then to the survivor or survivors of them, those persons hold title as survivorship tenants, and the joint interest created is a survivorship tenancy.
The Transfer on Death Designation Affidavit (TOD), when properly recorded, permits the direct transfer of the described real property to the designated beneficiary or beneficiaries upon the death of the owner, thus avoiding Probate administration.
Ohio law provides that a deed must show a clear intention to create a survivorship tenancy. The standard language in a survivorship deed transfers property to the owners ?for their joint lives, remainder to the survivor of them.? It is important for owners to review their deeds to see if this language is included.
As a married couple, most of the property and assets you have are jointly owned. That means that when one of you dies, the other simply becomes the sole owner of the assets. This does not require any legal action or court involvement.
Most often, a copy of the deceased spouse's death certificate, the notarized death affidavit, and a legal description of the property are required. Once these steps are complete, your deceased spouse will have been removed and you will be the sole owner on the deed.
Fill out the affidavit completely. Sign the document in front of a notary. Attach a "certified" copy of the death certificate. Also attach a "legal description" of the property to be transferred (a copy of the survivorship deed or transfer on death designation or deed will suffice).
The affidavit shall certify that the owner of a survivorship tenancy interest in the title to a parcel or parcels of registered land has died and recite the names of the surviving tenants, the current residence address of each surviving tenant, the date of death of the decedent, a description of the land, and the ...
Except as otherwise provided in this section, when a person holding real property as a survivorship tenant dies, the transfer of the interest of the decedent may be recorded by presenting to the county auditor and filing with the county recorder either a certificate of transfer as provided in section 2113.61 of the ...
