• Notary: Required.^[1]
• Witnesses: Not required
• Recording: Before the owner’s death in the county recorder’s office of the county where the property is located.

A legal description of real property provides exact details of the property’s boundaries, location, and physical qualities using specific measurements. It also identifies the lot number and block number where it is located. A legal description of real property can be found on the property deed or obtained through the county recorder’s office.

Example

“Lot number forty (40) in Block number five (5) of the Park Layne Manor subdivision, as recorded in Plat Book 4, Page 9 of the records of the County Recorder of Miami County, Ohio. Said lot has a frontage of sixty-five (65) feet on Harter Road and extends back eighty (80) feet in depth.”

In Ohio, a transfer on death designation affidavit can be revoked or changed anytime before the owner’s death.^[2] This can be done by creating a new TOD designation affidavit stating the revocation or desired change in the designation. Once the new affidavit is recorded, it automatically overwrites all prior TOD designation affidavits for the property.

A transfer on death designation affidavit must be recorded before the owner’s death with the office of the county recorder where the property is located. Recording fees vary by county.