Automatic Transfer of Real Property vs. Probate in Ohio
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
In Ohio, some real property interests pass outside probate, while others require a probate proceeding to transfer title. Understanding the distinction can save time and expense.
1. Transfer Outside Probate
- Joint Tenancy with Right of Survivorship: When two or more people hold property as joint tenants, the surviving owner(s) automatically acquire full title at death. See ORC § 5302.12.
- Transfer-on-Death Deed (TODD): Under ORC § 5302.22, an owner may record a TODD naming a beneficiary. Upon the owner’s death, the property passes directly to that beneficiary without probate.
- Spousal Rights: Certain survivorship rights allow a surviving spouse to bypass probate for jointly held real estate. See ORC § 5302.15.
2. When Probate Is Required
If real estate is titled solely in the decedent’s name and no survivorship or TODD instrument exists, you must probate the will (or administer an estate without a will) to transfer legal title. Key steps include:
- Filing the will and opening an estate in the probate court of the county where the decedent lived.
- Appointing a personal representative (executor).
- Inventorying all assets, including real property, under ORC § 2113.01.
- Paying valid debts and taxes.
- Distributing property to beneficiaries as directed by the will or Ohio law if there is no will.
Probate follows the rules in Ohio Revised Code Chapters 2107 and 2113. For example, the court examines and allows wills under ORC § 2107.51.
Helpful Hints
- Review your deed: Look for “joint tenancy,” “right of survivorship,” or “transfer-on-death” language.
- Consult the county recorder’s office to verify recorded instruments.
- Consider a TODD if you own property alone and wish to avoid probate.
- Ask about title insurance and any outstanding liens before transfer.
- Speak with a probate attorney early if you think you need to open an estate.