How to Transfer Title on an Inherited Home in Ohio with No Will and Multiple Heirs

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

When someone dies intestate (without a will) in Ohio, title to real estate passes directly to the decedent’s heirs under Ohio’s intestacy laws. Under Ohio Revised Code §2105.06, ownership vests automatically at death in heirs as tenants in common, but the probate court must still clear title for recording.

Key steps in the process:

1. Open an Estate in Probate Court: A family member or interested party files a petition for probate at the county probate court where the property sits. The court appoints an administrator to handle estate matters (Ohio Rev. Code §2109.02).
2. Determine Heirs: The administrator requests a determination of heirs under Ohio Rev. Code §2105.17. The court issues an order naming heirs and their shares according to the hierarchy set in Ohio Rev. Code §2105.06.
3. Appraise or Waive Inventory: The administrator prepares an inventory of estate assets, including real estate. If the estate qualifies as a small estate (value under $35,000), heirs can use simplified procedures to avoid full probate (Ohio Rev. Code §2131.18).
4. Obtain Court Order to Transfer Title: Once debts and taxes clear, the administrator petitions the court for an order distributing the real property. The court signs a “Decree of Distribution” that names each heir and their fractional interest.
5. Prepare and File the Deed: The administrator or heirs prepare a new deed (usually a joint tenancy or tenants in common deed) reflecting the division. Each heir signs, and the deed is filed with the county recorder’s office, along with a certified copy of the probate court decree.
6. Record Change of Ownership: The recorder updates the property’s title records to show the new owners. Heirs receive a recorded copy of the deed as proof of ownership.

Ohio law vests title at death, but clearing title requires these administrative and court steps. Any heir can drive the process, but collaboration among heirs and timely filings help prevent delays.

Helpful Hints

• Start probate quickly to avoid creditor claims and penalties.
• Gather all potential heirs’ contact information to speed up the determination of heirs.
• Obtain a property appraisal to gauge value before distribution.
• Consider a small‐estate affidavit if the entire estate value falls under $35,000.
• Work with a title company to ensure the deed and recording form meet local requirements.
• Keep detailed records of filings, court orders, and communications among heirs.