Disclaimer: This is not legal advice. For guidance specific to your situation, consult a licensed attorney.
Understanding Ownership When a Deed Lists Only Your Deceased Parent
When a parent dies leaving real estate solely in their name, you must trace title transfers and settle the estate under Ohio law. Follow these steps to determine current ownership.
1. Obtain the Original Deed and Death Certificate
- Visit the County Recorder’s Office or its website. Request a certified copy of the deed (Ohio Revised Code §5302.01).
- Order a certified death certificate from the Ohio Department of Health’s Vital Statistics office.
2. Check for a Transfer on Death (TOD) Deed
Ohio permits transfer-on-death designations. Review the recorded deed for any TOD language under Ohio Revised Code §5302.221. If a beneficiary was named, that person inherits automatically outside probate.
3. Search for Subsequent Deeds
At the Recorder’s Office, search by your parent’s name as grantor after their date of death. A post-death deed indicates someone already took title and recorded a transfer.
4. Open Probate Administration if Needed
- If no TOD deed exists and no subsequent deed appears, file a probate case in the county Probate Court (ORC §2101.24).
- Submit the death certificate, any existing will, and a petition to appoint an executor or administrator (ORC §2113.03).
- The court issues Letters of Administration or Letters Testamentary to your representative.
5. Determine Heirs or Beneficiaries
If the decedent left a valid will, the executor follows its terms. Without a will, Ohio’s intestacy rules apply under ORC §2105.06. Typically, the surviving spouse and children inherit in predetermined shares.
6. Transfer Title to the New Owner(s)
Once assets are distributed, the personal representative prepares and records a deed transferring title from the estate to the heir(s) or purchaser. This deed clears the chain of title.
Helpful Hints
- Early research at the Recorder’s Office can reveal TOD deeds or prior transfers you may overlook.
- Probate court staff can explain filing procedures, though they cannot offer legal advice.
- Maintain organized copies of all probate filings, including Letters of Administration and new deeds.
- Consider purchasing title insurance to protect against undiscovered claims or errors.
- Act promptly. Unresolved estates can delay your ability to sell or refinance the property.