Ohio § 5302.23

§ 5302.23.

(A) Any affidavit containing language that shows a clear intent to designate a transfer

on death beneficiary shall be liberally construed to do so. (B) Real property or an interest in real property that is the subject of a transfer on

death designation affidavit as provided in section 5302.22 of the Revised Code or as described in division (A) of this section has all of the following characteristics

and ramifications: (1) An interest of a deceased owner shall be transferred to the transfer on death beneficiaries

who are identified in the affidavit by name and who survive the deceased owner or

that are in existence on the date of the deceased owner's death.  If there is a designation of more than one transfer on death beneficiary, the beneficiaries

shall take title to the interest in equal shares as tenants in common, unless the

deceased owner has specifically designated other than equal shares or has designated

that the beneficiaries take title as survivorship tenants, subject to division (B)(3)

of this section.  If a transfer on death beneficiary does not survive the deceased owner or is not

in existence on the date of the deceased owner's death, and the deceased owner has

designated one or more persons as contingent transfer on death beneficiaries as provided

in division (B)(2) of this section, the designated contingent transfer on death beneficiaries

shall take the same interest that would have passed to the transfer on death beneficiary

had that transfer on death beneficiary survived the deceased owner or been in existence

on the date of the deceased owner's death.  If none of the designated transfer on death beneficiaries survives the deceased

owner or is in existence on the date of the deceased owner's death and no contingent

transfer on death beneficiaries have been designated, have survived the deceased owner,

or are in existence on the date of death of the deceased owner, the interest of the

deceased owner shall be distributed as part of the probate estate of the deceased

owner of the interest.  If there are two or more transfer on death beneficiaries and the deceased owner

has designated that title to the interest in the real property be taken by those beneficiaries

as survivorship tenants, no designated contingent transfer on death beneficiaries

shall take title to the interest unless none of the transfer on death beneficiaries

survives the deceased owner on the date of death of the deceased owner. (2) A transfer on death designation affidavit may contain a designation of one or more

persons as contingent transfer on death beneficiaries, who shall take the interest

of the deceased owner that would otherwise have passed to the transfer on death beneficiary

if that named transfer on death beneficiary does not survive the deceased owner or

is not in existence on the date of death of the deceased owner.  Persons designated as contingent transfer on death beneficiaries shall be identified

in the affidavit by name. (3) Any transfer on death beneficiary or contingent transfer on death beneficiary may

be a natural or legal person, including, but not limited to, a bank as trustee of

a trust, except that if two or more transfer on death beneficiaries are designated

as survivorship tenants, all of those beneficiaries shall be natural persons and if

two or more contingent transfer on death beneficiaries are designated as survivorship

tenants, all of those contingent beneficiaries shall be natural persons.  A natural person who is designated a transfer on death beneficiary or contingent

transfer on death beneficiary solely in that natural person's capacity as a trustee

of a trust is not considered a natural person for purposes of designating the transfer

on death beneficiaries or contingent transfer on death beneficiaries as survivorship

tenants under division (B)(3) of this section. (4) The designation of a transfer on death beneficiary has no effect on the present ownership

of real property, and a person designated as a transfer on death beneficiary has no

interest in the real property until the death of the owner of the interest. (5) The designation in a transfer on death designation affidavit of any transfer on death

beneficiary may be revoked or changed at any time, without the consent of that transfer

on death beneficiary, by the owner of the interest, by the surviving survivorship

tenants of the interest, or by the remaining tenant by the entireties of the interest,

by executing and recording, prior to the death of the owner of the interest, of the

surviving survivorship tenants of the interest, or of the remaining tenant by the

entireties of the interest, as the case may be, a new transfer on death designation

affidavit pursuant to section 5302.22 of the Revised Code stating the revocation or change in that designation.  The new transfer on death designation affidavit shall automatically supersede and

revoke all prior recorded transfer on death designation affidavits with respect to

the real property or the interest in real property identified in the new affidavit,

provided that the prior recorded affidavit was executed before the later recorded

affidavit. (6) A fee simple title or any fractional interest in a fee simple title may be subjected

to a transfer on death beneficiary designation. (7)(a) A transfer on death beneficiary takes only the interest that the deceased owner or

owners of the interest held on the date of death, subject to all encumbrances, reservations,

and exceptions. (b) If the owners hold title to the interest in a survivorship tenancy, the death of

all except the last survivorship tenant automatically terminates and nullifies any

transfer on death beneficiary designations made solely by the deceased survivorship

tenant or tenants without joinder by the last surviving survivorship tenant.  The termination or nullification of any transfer on death beneficiary designations

under division (B)(7)(b) of this section is effective as of the date of death of a

deceased survivorship tenant.  No affirmative act of revocation is required of the last surviving survivorship

tenant for the termination or nullification of the transfer on death beneficiary designations

to occur as described in division (B)(7)(b) of this section.  If the last surviving survivorship tenant dies with no transfer on death beneficiary

designation, the entire interest of that last surviving survivorship tenant shall

be distributed as part of the tenant's probate estate. (c) If the owners hold title to the interest in a tenancy by the entireties, the death

of the first tenant by the entireties automatically terminates and nullifies any transfer

on death beneficiary designations made solely by that deceased first tenant without

joinder by the remaining tenant by the entireties.  The termination or nullification of any transfer on death beneficiary designations

under division (B)(7)(c) of this section is effective as of the date of death of the

first tenant by the entireties.  No affirmative act of revocation is required of the remaining tenant by the entireties

for the termination or nullification of the transfer on death beneficiary designations

to occur as described in division (B)(7)(c) of this section.  If the remaining tenant by the entireties dies with no transfer on death beneficiary

designation, the entire interest of that remaining tenant shall be distributed as

part of the tenant's probate estate. (8) No rights of any lienholder, including, but not limited to, any mortgagee, judgment

creditor, or mechanic's lien holder, shall be affected by the designation of a transfer

on death beneficiary pursuant to this section and section 5302.22 of the Revised Code .  If any lienholder takes action to enforce the lien, by foreclosure or otherwise

through a court proceeding, it is not necessary to join any transfer on death beneficiary

as a party defendant in the action unless the transfer on death beneficiary has another

interest in the real property. (9) Any transfer on death of real property or of an interest in real property that results

from a transfer on death designation affidavit designating a transfer on death beneficiary

is not testamentary.  That transfer on death shall supersede any attempted testate or intestate transfer

of that real property or interest in real property. (10) The execution and recording of a transfer on death designation affidavit shall be

effective to terminate the designation of a transfer on death beneficiary in a transfer

on death deed involving the same real property or interest in real property and recorded

prior to the effective date of this section. (11) The execution and recording of a transfer on death designation affidavit shall be

effective to bar the vesting of any rights of dower in a subsequent spouse of the

owner of the real property who executed that affidavit unless the affidavit is revoked

or changed. (12) If, after the execution and recording of a transfer on death designation affidavit

under which the owner of the real property's spouse is designated the transfer on

death beneficiary, the owner of the real property and such owner's spouse are divorced,

obtain a dissolution of the marriage, or have the marriage annulled, then the designation

of the owner's spouse as a transfer on death beneficiary on such instrument shall

be terminated and the spouse shall be deemed to have predeceased the owner of the

real property. (C) If, after the execution and recording of a transfer on death deed under which the

owner of the real property's spouse is designated the transfer on death beneficiary,

the owner of the real property and such owner's spouse are divorced, obtain a dissolution

of the marriage, or have the marriage annulled, then the designation of the owner's

spouse as a transfer on death beneficiary on such instrument shall be terminated and

the spouse shall be deemed to have predeceased the owner of the real property.