Short answer

The steps you must take turn on how the property was titled and whether the deceased spouse left a transfer-on-death deed or a will. Common outcomes:

• If the deed named a beneficiary (a transfer-on-death or TOD deed) or the property was held as joint tenants with right of survivorship, ownership often passes outside probate and you record a death certificate and supporting affidavit to update title.
• If the property was only in the deceased spouse’s name and there is no TOD deed, you will usually need to open probate (or use a small-estate/summary procedure when available) to transfer title to the child.

Detailed steps (what to do first)

1. Gather basic documents.
   • Obtain several certified copies of the death certificate from the funeral home or the local health department.
   • Get a certified copy of the recorded deed from the county recorder where the property is located. That deed shows how title was held (sole owner, joint tenants, tenants in common, or contains a TOD designation).
   • Locate any will, trust, or recorded transfer-on-death deed. A TOD deed must have been recorded before death to be effective under Ohio law; see Ohio Rev. Code § 5302.231: https://codes.ohio.gov/ohio-revised-code/section-5302.231
2. Decide which path applies based on title and documents.
   • Transfer-on-Death deed recorded: Follow the TOD statute’s procedures to record proof of death and an affidavit to have the beneficiary recorded as owner. See Ohio Rev. Code § 5302.231 (link above).
   • Joint ownership with right of survivorship: Title usually passes automatically to the surviving joint owner. You will record the death certificate (and sometimes an affidavit of survivorship) to clear title.
   • Sole ownership and no TOD deed or will leaving property to the child: Probate administration is typically required to transfer title to heirs or devisees. Ohio’s rules on descent and distribution provide how heirs are determined: Ohio Rev. Code Chapter 2105: https://codes.ohio.gov/ohio-revised-code/chapter-2105
3. If the TOD deed applies: how to record.

   When a transfer-on-death deed was properly executed and recorded before death, the beneficiary becomes owner on the moment of death. To complete the transfer you typically must:

   • Obtain certified death certificate(s).
   • Prepare any affidavit or declaration required under the recorded TOD deed or under Ohio law and sign/notarize it.
   • Record the required documents with the county recorder where the property sits so the recorder’s index reflects the new owner. See ORC § 5302.231: https://codes.ohio.gov/ohio-revised-code/section-5302.231
4. If property was jointly owned:

   If the deed shows joint tenancy with right of survivorship (or tenants by the entirety where applicable), the surviving owner (if that is you) becomes sole owner by operation of law. The practical steps are:

   • Record a certified copy of the death certificate at the county recorder’s office. The recorder will update the ownership record.
   • If the recorder requires an affidavit of survivorship or other form, sign and notarize it and record it with the death certificate.
5. If probate is required (no TOD deed and sole ownership):

   Typical probate steps in Ohio include:

   1. File the death certificate and the original will (if any) with the probate court in the county where the deceased lived.
   2. If there is a will, request the court to admit it to probate and appoint the executor. If there is no will, ask the court to appoint an administrator. See Ohio probate rules and estate administration (see ORC Chapter 2113 for estate administration): https://codes.ohio.gov/ohio-revised-code/chapter-2113
   3. The personal representative obtains Letters Testamentary or Letters of Administration from the probate court. These documents prove authority to act for the estate.
   4. The personal representative gathers assets, pays valid debts, and then conveys real property out of the estate by executing a deed (often called an administrator’s or executor’s deed) transferring the property to the beneficiary (the child) or selling it if required.
   5. Record the new deed at the county recorder and include any required proof of the personal representative’s authority (a certified copy of Letters, for example).

   Ohio also provides some simplified or summary procedures for small estates in limited situations; an attorney or the probate court clerk can confirm eligibility and procedure.

6. Preparing and recording the new deed.
   • Use the correct legal description of the property exactly as it appears on the recorded deed.
   • Choose the appropriate deed form (executor’s deed, quitclaim, or general warranty deed) depending on whether you represent an estate or an individual seller and the assurances you want to give the buyer/recipient.
   • Have the deed signed by the person authorized to convey title (the surviving joint owner, the executor/personal representative, or the named TOD beneficiary if a recorded TOD deed is used). Signatures must be notarized.
   • Record the deed with the county recorder and pay recording fees and any conveyance tax/transfer fees. Check recording requirements with the local recorder’s office. County recorder duties and recording rules are under Ohio law; see Ohio Rev. Code Chapter 317: https://codes.ohio.gov/ohio-revised-code/chapter-317
7. After recording: follow-up.
   • Order a certified copy of the recorded deed for your records.
   • Notify the county auditor/treasurer about the change in ownership for property tax and mailing purposes.
   • Address any mortgage, liens, or HOA obligations that run with the property — the mortgage company may require payoff or assumption paperwork.
8. If there is a dispute or complexity.

   If heirs disagree, an unknown will exists, creditors assert claims, or the chain of title is unclear, consult a probate or real estate attorney. Title companies can also run a title search and offer title insurance to reduce future disputes.

Costs and timeline

Recording a death certificate and affidavit when a TOD deed or joint tenancy applies can be done in days and costs are typically small (recording fees). Probate administration can take months to more than a year and will involve court filing fees, possible attorney fees, and costs for publication and notice to creditors.

Helpful hints

• Start by obtaining several certified death certificates — county recorders and other agencies require certified copies, not photocopies.
• Get a certified copy of the recorded deed from the county recorder to confirm how title was held.
• If you find a recorded transfer-on-death deed, follow ORC § 5302.231 procedures exactly: https://codes.ohio.gov/ohio-revised-code/section-5302.231
• When probate is necessary, contact the probate court clerk in the decedent’s county early — they can explain local filing procedures and forms.
• Keep careful records of all recorded documents, letters from the court, and receipts for fees paid.
• Check for mortgages or liens before recording a new deed—lenders may require early payoff or permission to transfer title.
• Consider hiring an attorney experienced in Ohio probate and real estate law if the estate is complex, contested, or carries significant debt.
• Use a title company if you plan to sell after transfer—title work helps guarantee clear title to buyers.

Where to find help in Ohio

Contact the probate court in the county where your spouse lived for local forms and filing information. For statutory language, use the Ohio Revised Code links above (TOD deed: ORC § 5302.231). If you need legal advice tailored to your situation, consult a licensed Ohio attorney who handles probate and real estate matters.

Disclaimer: This article is informational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Ohio attorney.