Certificate of transfer for real estate

Transferring a house after a loved one dies can be complicated. 

• Find a lawyer if you can. It's always helpful to have a lawyer, and sometimes you really need one.
• You may need more than a certificate of transfer. Most people get a certificate of transfer after they go through the full probate process or get a release from the probate court.

Applying for only a certificate of transfer is less common, but it can make sense in some situations.

When you may want to apply 

You may want to apply for only a certificate of transfer from the probate court if:

• The house is the only asset. If real estate is the only asset, and the person who died didn’t have any bank accounts, vehicles, stocks or other assets you need to transfer, you may need to apply only for a certificate of transfer. If the house is the only asset, but the person had a will, you must file an application to probate the will with the probate court.
• There’s no survivorship deed. If you owned real estate together but you don’t have a deed of survivorship, you may need to apply to the probate court for a certificate of transfer. For example, usually when a married couple buys a house, both of their names are on the deed. But sometimes only one spouse’s name is on the deed. Learn how to find the deed and what to look for. If you have a survivorship deed, you still need to file an affidavit with the county auditor and recorder.
• There’s no Transfer on Death. A Transfer on Death is a legal document that can transfer a home without going through probate court. If you have a Transfer on Death for the home, you may not need a certificate of transfer. You still will need to file an affidavit with the county auditor and recorder.
• You want to avoid the full probate process. Going through a full administration in the probate court can take time and money. If your situation is simple, and you only need to transfer real estate, you may be able to apply for a certificate of transfer and avoid the full probate process. 

You may not want to apply if your situation is complicated. Family disagreements, multiple beneficiaries, multiple deeds, title issues, creditors and other challenges can complicate a situation.

Sometimes the full probate process is the best option. Learn about options in probate court in Ohio.

Find the deed

The deed is a legal document that has important information about who owns the house. 

To get the deed: 

• Check your records. You may already have the deed. Usually, you get the deed when you close on the house. 
• Check with the county recorder. If you don’t have the deed, you can get a copy from the county recorder’s office. Open  Local Government and Community Resources on this page to find your county recorder.  Many county recorders have a website that lets you search for a deed to property in the county. 

On the deed, you can find the:

• Legal description of the property
• Parcel ID number (part of the legal description)
• Prior recording information
• Type of deed it is

You will need this information to apply for a certificate of transfer.

Note: If your spouse died and you have a survivorship deed, you shouldn’t need to apply for a certificate of transfer. Your spouse’s share of the property transfers to you, the survivor. You should see “survivorship” on the deed. You still will need to file an affidavit and death certificate with the county auditor and county recorder.

Fill out forms 

To apply for a certificate of transfer, you must complete a packet of forms and include supporting documents.

You can use the Certificate of Transfer for Real Estate Form Assistant on this site to complete the forms.

The forms and documents you need include: 

• Application for Certificate of Transfer 
• Certificate of Transfer 
• Proof of death / death certificate 
• Proof the deceased person owned the property, such as a printout of the auditor's property summary 
• Next of Kin form 
• The will, if there is one  

Your probate court may require additional documents. 

To complete the application, you will need to know: 

• Date of death. You need to tell the court when the person died.
• Will or no will. You need to tell the court if the person died with a will, which is called “testate,” or without a will, which is called “intestate.”
• The person’s debts. You will need to indicate if the person’s debts have been paid or if there’s enough money to pay the debts.
• If anyone is giving up inheritance. You need to indicate if someone is giving up their inheritance, which is called a "disclaimer."

Note: If you’re already going through the full probate process or applying for a release, you don’t need to file a separate application for a certificate of transfer. The certificate of transfer will be part of your larger application.

Notify others

Certain individuals must be notified about your application or agree not to be notified. These individuals are called the "heirs/next of kin" or "beneficiaries" of the person who died.

"Heirs/next of kin" are people who inherit under Ohio law when there is no will. When there is a will, the people who inherit under the will are called "beneficiaries." You must give the probate court a list of their names and addresses.

• Identify who you need to notify. Usually next of kin is the person’s surviving spouse and/or children. It also could be parents, grandparents or siblings, depending on the person’s family. You can use the Certificate of Transfer Form Assistant to answer questions to figure out next of kin in your situation.
• Heirs or next of kin is based on Ohio law. It’s not based on personal connection to the person. For example, if someone was considered “like family” but they’re not legally a family member, then they’re not considered next of kin for this application.
• Beneficiaries are named in the will. The will should explain how the person who died wanted their property to be distributed and to whom.
• Sometimes it’s complicated. For example, if your spouse had children from another relationship, next of kin can be more complex. It can also be challenging if you don’t know where someone lives, or you haven’t heard from them in years.

If family members disagree or there are other complications, you may want to talk to a lawyer.

Apply with the probate court

File your application in probate court in the county where the person lived and/or owned the real estate.

You can find probate court information on this page under Local Government and Community Resources.

You may need to wait 6 months after the person died to apply for a certificate of transfer. 

The court will review your application and decide whether or not to issue a certificate of transfer.

Update records 

If the court grants the certificate of transfer, you will need to update records to show the new ownership.

After you get a certified copy of the certificate of transfer, bring it to the: 

• County auditor. Take the certificate of transfer issued by the court and a copy of your full application to the county auditor’s office.  
• County recorder. Next, take the certificate of transfer and your application to the county recorder’s office. There may be additional costs and forms to complete at the auditor or recorder’s office. 

Getting your name on the deed or having “title” to the real estate generally means you own it and have the legal responsibility of ownership.  

Other steps to take include: 

• Pay taxes. You will be responsible for paying property taxes and other costs related to the property. 
• Apply for the homestead exemption, if you qualify. If the person who died got the homestead exemption to reduce their property taxes, it won't necessarily transfer to you. Factors like your age, disability and income determine if you qualify. Contact the county auditor's office to find out if you can get the exemption too. 

Beware of complications 

Some people end up with problems they didn’t expect after taking ownership of a property. 

You could end up owing more money than you thought. Creditors could come after you. 

If possible, find a lawyer to help you with real estate issues.