Inheriting a home through a Transfer on Death

A Transfer on Death (TOD) is a legal document that a homeowner can set up to name someone to get their home when they die. If someone left you their home using a Transfer on Death, you are called the beneficiary.

You usually won’t need to go to probate court to complete the transfer of the home when the person dies, but you will need to take other steps, including:

• Get the death certificate. You will need a certified copy of the person’s death certificate.
• Complete an Affidavit of Confirmation. You will need to fill out a form called an Affidavit of Confirmation, saying the home transferred to you. You must sign the affidavit in front of a notary.
• File forms with the county. You will need to file the death certificate and your completed Affidavit of Confirmation in the county where the property is located. Usually, you will need to go to the county auditor, then the county recorder.

You also should think about things like insurance, taxes and creditors. Transferring a home can cause complications you didn’t expect.

Talk to a lawyer if you can. A lawyer can help you understand what’s involved and come up with a plan that's right for you.

Gather documents

You will need the following documents related to the Transfer on Death, including:

• A copy of the Transfer on Death Designation Affidavit. This is the document that set up the Transfer on Death and named you as the beneficiary. It should be filed with the county recorder’s office. You usually can get a copy from the recorder’s website. Find your county recorder on this page. If there is more than one beneficiary, then you and the other beneficiaries will need to agree on everything about the property. For example, you can’t sell the house without the other beneficiaries’ permission. If you don't agree, it can cause more legal trouble and expense.
• A certified copy of the death certificate. You will need a certified copy of the person’s death certificate. It can’t be a photocopy. You can get a certified copy of the death certificate from the county department of health where the person died or from the Ohio Department of Health. You usually must pay a fee. Sometimes the funeral home will order the death certificate for you.

It can be helpful to have a copy of the deed. The deed to the home has important information you will need to include in your Affidavit of Confirmation, like the legal description of the property. If you don’t have the original deed or a copy, you can get a copy from the county recorder’s office. Open Local Government and Community Resources to find your county recorder's office.

Complete an Affidavit of Confirmation

Once you have the documents you need:

• Fill out the Affidavit of Confirmation form. The form also may be called a Confirmation Affidavit. You will need to include information about the Transfer on Death Designation Affidavit, like when and where it was recorded, as well as the legal description of the property and the date the owner died.
• Sign the Affidavit in front of a notary. You will need to sign the Affidavit of Confirmation in front of a notary, and have it stamped. Make several copies of the stamped form for your records. You often can find a notary at banks or libraries. You may need to pay a fee, like a few dollars per page.

If possible, have a lawyer review or prepare the form. It's important to complete the form properly to make sure that the property transfers the way you want it to. A lawyer can help make sure everything is in order. Open Legal Help and Lawyers to see legal resources in your area.

Contact Medicaid Estate Recovery if needed

You may be responsible for contacting Ohio’s Medicaid Estate Recovery Program as a Transfer on Death beneficiary.

You need to notify the state’s Medicaid Estate Recovery Program if:

• The owner was over 55 and on Medicaid. If the owner who died was older than 55 and received Medicaid benefits, the state may have the right to get money back from the house.
• The owner was permanently institutionalized and received Medicaid. If the owner lived in a nursing home or got other long-term care services, regardless of how old they were, they may have received Medicaid benefits to pay for their care. The state may have a claim on the property equal to the value of the benefits the person received.
• Their spouse died first and had Medicaid. If the owner had a spouse who died first and who received Medicaid after 55 or while permanently institutionalized, then you must contact the Medicaid Estate Recovery Program.
• You’re not sure. If you don’t know whether either the owner or their spouse had received Medicaid, then you need to contact the Medicaid Estate Recovery Program.

Notify the Medicaid Estate Recovery Program before you complete the transfer.

To notify the Medicaid Estate Recovery Program:

• Complete the form. The form is available from the State of Ohio. You also can usually get it from the county recorder. Look for form “ODM 07408 - Notice to Medicaid Estate Recovery of Pending Transfer of Property by Transfer on Death Deed.”
• Mail it to the Ohio Attorney General’s Office. The Attorney General’s Office is one of the agencies that run the Medicaid Estate Recovery Program in Ohio.

Your authorized representative, like your lawyer, also could complete the form for you.

Some family members, like a surviving spouse, may qualify for protections from Medicaid Estate Recovery. Learn more about Medicaid Estate Recovery from Pro Seniors.

File forms with the county

Once you have completed the forms you need, file your forms with the county where the property is located.

The process varies from county to county in Ohio, but in general you need to work with:

• County auditor. The auditor maintains the accuracy of deeds. Take your forms to the county auditor to approve and process the transfer. Find your county auditor through the state association.
• County recorder. The county recorder keeps records of deeds in the county. Take your forms to the county recorder to have the transfer recorded. Open Local Government and Community Resources to find your county recorder's office.

You also usually need to:

• Pay fees. Usually there are standard fees for recording and processing property transfers in the county.
• Follow the county’s procedures. For example, you may need to go to the county engineer or map department.

If there’s more than one beneficiary, make sure each beneficiary signs off.

After you have completed the transfer, the county treasurer will bill you for property taxes.

Get homeowner's insurance 

Not everything transfers to you with a Transfer on Death. Usually, you’ll need to get your own homeowner’s insurance for the property.

The previous homeowner’s insurance policy typically won’t cover you.

• Check the policy. Homeowner’s insurance policies generally don’t cover a Transfer on Death beneficiary. If you are also the executor of the estate, you may have some coverage. Check the policy to understand what happens to the insurance coverage after the homeowner’s death.
• Talk to the insurance agent. It’s possible that you, the Transfer on Death beneficiary, could have been added as an “Additional Insured” to the policy. This may allow you to get coverage after the owner’s death. If you don’t get coverage, the property may not be covered by homeowner’s insurance.

Pay taxes, understand tax implications

Even if the home was paid off and there’s no mortgage, you still will owe property taxes.

• You will be responsible for taxes. You will be responsible for property taxes once the home is yours.
• Your taxes could be different from the owner’s. Tax exemptions, like the homestead exemption, may not transfer to you. The homestead exemption is given to the person who applies and qualifies for it. Factors like your age, disability and income will determine if you qualify for the exemption. Contact the county auditor’s office to find out if you can get the exemption.

Find a lawyer, if possible. To understand the tax implications of a Transfer on Death, talk to a real estate lawyer or tax professional.

Understand mortgage, debts and liens

If the person owed money when they died, you may have to deal with creditors.

For example, you may need to:

• Contact the mortgage lender. If you inherit a home with a mortgage, you will need to speak to the mortgage lender or servicer. Explain that the owner died. You may need to provide a copy of the death certificate. The lender or servicer will let you know about your options. In some situations, federal law allows certain family members, such as a surviving spouse or child, to take over the existing mortgage. Depending on your situation, may also need to pay off the mortgage or refinance.
• Deal with other creditors. Banks, debt collectors or other creditors may have a claim on the property. The state’s Medicaid Estate Recovery Program may have the right to get money back from the property.
• Deal with a lien. Search the property on the county recorder’s website to check for liens. Find your county recorder on this page under Local Government and Community Resources. If there’s a lien, it can make it harder to sell or refinance the home.

If possible, find a lawyer to help you understand how liens or debts the owner had could impact you.

Potential challenges with a Transfer on Death

A Transfer on Death can save time and money, but it doesn’t always work perfectly.

It can be more complicated if:

• You get Medicaid, SSI or other public benefits. If you get Medicaid or SSI benefits, the transfer could impact your eligibility. Disability Rights Ohio may be able to help you understand your ability to keep getting benefits after you transfer the home into your name.
• There are multiple beneficiaries. If more than one person is getting the property, everyone has to agree on what to do with it. It may not be easy to reach an agreement. If a beneficiary died, you will need to file a certified copy of the beneficiary’s death certificate.

If possible, find a lawyer to help you.