What is a Transfer On Death Affidavit?

Transfer on Death Affidavits - what are they?

Transfer on Death Designation Affidavits (TODDA), are affidavits that are recorded with the County Recorder that designate one or more beneficiaries to receive title on the death of the Grantor(s).

In Ohio, TODDA's must be recorded prior to the death of the Grantor and are not valid, even if executed, until recorded with the County Recorder.

TODDA's recite who the title is currently vested in, how they hold title (Sole Owner, Joint with Right of Survivorship, Tenant in Common), the legal description of the real property, and the beneficiar(ies) to receive title upon the Grantor's death.

What are TODDA's used for?

TODDA's are useful to transfer interest in real property to a beneficiary immediately upon the death of the Grantor. Although recording an Affidavit of Confirmation after title vests in the beneficiar(ies) may be necessary to update the County records, the transfer happens automatically when the Grantor dies.

TODDA's are often touted as an option to help avoid probate and allow a *relatively* seamless transfer to the beneficiar(ies). 

Is a TODDA the right choice for me?

Context is king. We recommend completing the  Affidavit Preparation Request Form to connect with a licensed Ohio Real Estate Attorney to go over the details of your particular situation to find the best option.