A Transfer on Death Affidavit will allow you to specify who your titled property (such as your house) goes to once you pass away. You can designate one or multiple people to receive your titled property. Once you pass away, those who you have designated as TOD beneficiaries must simply present the death certificate to an attorney who will draw up a confirmation of death affidavit. Once this is recorded with the county in which your property is located, your beneficiaries immediately obtain legal title to your property. Your beneficiaries then may choose to live on that property or sell that property- the choice is theirs. This TOD will completely avoid the costly probate process.
Some of you may already know that creating a living trust can also avoid probate. A living trust is a wonderful probate-avoidance tool. However, for those of you who may be concerned only with making sure your house goes to certain beneficiaries, the TOD is a great tool to accomplish this. One thing to note is that not every state has enacted legislation to allow a TOD. One thing is for sure- if you have a house in Ohio, you can absolutely place a TOD on this house to make sure it will not have to be probated! Call our office if you are interested in placing a TOD on your house or if you would like more information! As always, we offer a free, initial consultation.