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Short overview: In Ohio, when property is held as joint tenants with right of survivorship (or by a survivorship deed), ownership of a deceased co‑owner’s share generally passes automatically to the surviving owner(s) at the moment of death. However, the county recorder’s records do not update themselves. To make the public record reflect the change, you usually need to record certain documents (for example, certified death certificate(s) and an affidavit of survivorship) or, if automatic survivorship did not apply or all owners are deceased, you may need to open probate or use other statutory transfer procedures.

1) Confirm how the property was owned

First, read the recorded deed carefully. Key phrases to look for include “joint tenants with right of survivorship,” “tenants by the entirety” (married couples), or explicit language creating a survivorship deed. If the deed creates joint tenancy with survivorship, survivorship applies. If it conveys ownership as “tenants in common,” each owner’s share passes by their will or by intestate succession (probate), not automatically to co‑owners.

2) Obtain certified death certificate(s)

Obtain a certified copy of the death certificate for the deceased co‑owner(s). County recorders typically require a certified death certificate (not a photocopy) to accept an affidavit of survivorship or similar recording.

3) Use an affidavit of survivorship or similar recording instrument

If the deed created a right of survivorship and at least one surviving owner remains, the surviving owner can usually record a short affidavit stating the deceased owner’s name, date of death, and the basis for survivorship (cite the recorded deed). Attach a certified copy of the death certificate. Many Ohio county recorder offices publish sample affidavits or list required elements. Recording this affidavit is often enough to clear the title in the public record.

4) If the deed needs correction or a new deed is preferred

Sometimes owners prefer to record a new corrective or confirmatory deed (for example, to remove the deceased owner’s name). A surviving owner who now holds full title (by survivorship) can prepare, sign, and notarize a new deed transferring title from themself (as grantor) to themselves (as grantee) or to another party. The new deed must be properly executed and then recorded with the county recorder. Recording fees and any local transfer taxes may apply.

5) When probate or an estate proceeding is required

If the deed did not create survivorship (for example, tenants in common), if all co‑owners have died, if title is unclear, or if there are disputes among heirs, you will likely need to resolve ownership through probate or an estate transfer procedure. Ohio probate procedures and intestate succession rules control how property owned solely by a decedent or owned as tenants in common passes to heirs. See Ohio’s rules on descent and distribution and probate administration for more details: Ohio Revised Code Chapter 2113 (Descent and Distribution) and general conveyancing rules at Ohio Revised Code Chapter 5302 (Conveyances).

6) County recording practice and record search

Recording rules, required forms, and fees vary by county. Before you record, contact the county recorder’s office or check its website for their requirements. The recorder can tell you whether they accept an affidavit of death/survivorship alone, whether they require a copy of the recorded deed attached, and what fees apply.

7) When title companies or lenders are involved

If there is a mortgage, lender, or title insurance on the property, you may also need to notify the lender and coordinate with the title company. They may require a title curative deed, an affidavit, or a probate order before they release clear title or issue a new policy.

Hypothetical example (illustrative)

Mary and Tom recorded a deed that reads “Mary A. Smith and Tom B. Smith, joint tenants with right of survivorship.” Mary dies. Tom obtains a certified copy of Mary’s death certificate, prepares an affidavit of survivorship describing the original deed and Mary’s date of death, signs it before a notary, and records that affidavit with the county recorder along with the certified death certificate. The recorder updates its index to show Tom as sole owner. If instead the deed had said “Mary and Tom, tenants in common,” Mary’s interest would pass to her heirs and Tom would not automatically become sole owner; Mary’s heirs would need a probate transfer or other statutory procedure.

Relevant Ohio law and official references

• Conveyances and deeds: Ohio Revised Code Chapter 5302.
• Descent and distribution (intestate succession and related probate rules): Ohio Revised Code Chapter 2113.
• Vital records and death certificates (how to obtain certified copies): Ohio Revised Code Chapter 3705 (Vital Statistics) and the Ohio Department of Health’s vital records pages (county or state health department websites explain local procedures).

Important disclaimer: This article explains general Ohio law and common practice. It is educational only and is not legal advice. For advice about your specific situation, consult a licensed Ohio attorney.

Helpful Hints

• Confirm the deed language: “joint tenants with right of survivorship” or “tenants by the entirety” indicates survivorship; “tenants in common” does not.
• Obtain certified death certificates from the county of death or the Ohio Department of Health before attempting to record.
• Call the county recorder’s office first. Ask what documents and form of affidavit they require and what the recording fee is.
• When recording an affidavit, include: identification of the recorded deed (book/page or instrument number), name(s) of deceased owner(s), date(s) of death, and a copy of the certified death certificate.
• If you prefer a clear chain of title or the recorder recommends it, record a new confirmatory deed executed by the surviving owner(s).
• If all owners are deceased, if owners were tenants in common, or if ownership is disputed, be prepared to consult probate counsel — probate or a court order may be required.
• Check for mortgages, liens, or outstanding taxes before transferring or selling — these may need payoff or court action.
• If the property will be sold or refinanced, lenders and title companies often require a clean title history; consider a title search and title insurance.
• Keep copies of all recorded documents and get certified copies once recorded for your files.
• When in doubt, speak with an Ohio probate or real estate attorney — especially if heirs dispute ownership, the deed is ambiguous, or you see errors in recorded documents.