Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should consult a qualified attorney before taking action.
Detailed Answer
When heirs inherit real estate and wish to transfer their interests in property located in a different county or jurisdiction within Ohio, they must use a deed that complies with Ohio law and the recording requirements of the county where the property lies.
1. Choose the Appropriate Deed Type
- Executor’s (or Administrator’s) Deed: If the estate has gone through probate and a personal representative (executor or administrator) holds Letters of Authority from the probate court, the fiduciary executes a deed under Ohio Rev. Code §2109.02 (ORC 2109.02). This deed conveys title free of the decedent’s claims and typically includes limited covenants.
- Heirs’ Quitclaim Deed: If the property passes by intestacy or the heirs agree to transfer their interests without further probate, they can execute a quitclaim deed under Ohio Rev. Code §5302.07 (ORC 5302.07). A quitclaim deed transfers whatever interest the grantors hold, without warranties.
- General Warranty Deed: Heirs may opt for a general warranty deed if the grantee requires full title warranties. This form is not specific to fiduciaries but must meet the formal requirements in Ohio Rev. Code §5302.04 (ORC 5302.04).
2. Include Required Elements
- Grantor and grantee names, with marital status of each grantor.
- Accurate legal description of the property.
- Recital of consideration (nominal or actual).
- Habendum clause (“to have and to hold…”).
- Signature of each granting party, exactly as their name appears.
- Notarial acknowledgment for each signature.
3. Execute and Notarize
Under ORC 5302.04(B), the grantors must sign in the presence of a notary public. The notary certificate must state that each signer appeared before the notary and acknowledged the signature.
4. Record the Deed
- Take the original signed and notarized deed to the Recorder’s Office in the county where the property is located.
- Complete any county transfer tax or conveyance forms required for stamping.
- Pay the applicable recording fee (varies by county).
- The recorder will index the deed under the grantors’ and grantees’ names and note it in the chain of title.
Once recorded, the deed provides public notice of the transfer and vests clear title in the new owner.
Helpful Hints
- Confirm whether the estate has a probate file and Letters of Authority before selecting a fiduciary deed.
- Obtain a certified copy of Letters of Authority or a certificate of transfer when using an executor’s deed.
- Verify the full legal description via a recent survey or title report.
- Perform a title search to identify liens, mortgages, or judgments before closing.
- Check county-specific recording requirements and forms online at the county recorder’s website.
- Consider professional title insurance if grantees require warranty coverage.
- Retain a stamped, recorded copy for your permanent records.