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Estate Affidavit Guide

What Qualifies for Ohio's Survivorship Affidavit?

Ohio's Survivorship Affidavit has no dollar ceiling under R.C. 5302.17; R.C. 5302.20; eligibility instead turns on the specific statutory conditions below. This is informational only — we don't determine your eligibility for you.

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The statutory line, exactly

Ohio's Survivorship Affidavit has no dollar ceiling — eligibility instead turns on the specific conditions R.C. 5302.17; R.C. 5302.20 sets out. There's no total to add up before you know whether it applies.

The mistakes that actually sink an otherwise-eligible estate

6 reasons account for most of the rejections Ohio families run into — cited to the specific R.C. 5302.17; R.C. 5302.20 section behind each one, not general advice:

  • The deed does not create a survivorship tenancy. The conveyance must be to two or more persons for their joint lives and then to the survivor or survivors, or otherwise show a clear intent to do so. The word "or" between names does not by itself do it. — R.C. 5302.17; R.C. 5302.20(A)

  • Survivorship ended before the death. A conveyance from all of the survivorship tenants, or from all but one to the remaining one, ends the tenancy and vests title in the grantee; a court-ordered lien marshalling can turn the tenancy into a tenancy in common. — R.C. 5302.20(C)(2), (4)

  • No certified death certificate is attached. The affidavit must be accompanied by a certified copy of the death certificate. — R.C. 5302.17

  • The affidavit omits a statutory recital. It must recite the other survivorship tenant's or tenants' names and address, the decedent's date of death, and a description of the real property. — R.C. 5302.17

  • Registered land without the title certificate. For registered land the affidavit must also certify the certificate-of-title number and come with the owner's duplicate certificate. — R.C. 5309.081

  • The affidavit was filed with the wrong county. The recorded transfer is presented to the county auditor and filed with the recorder of the county where the real property is located. — R.C. 5302.17

Once you've confirmed the estate qualifies, the next question is the actual filing sequence — see how to file Survivorship Affidavit in Ohio, step by step.

Once you know it applies, this is what trips families up next

Not the eligibility conditions — what happens after it's recorded. Free one-pager: the real scenarios that come up and what resolves each, emailed now. Then a few short follow-ups over the next few weeks — then we stop.

Email only — we never ask for estate value, family details, or account numbers, and never sell your address.