How do transfer a TOD deed?

UPDATED: Aug 18, 2011

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How do transfer a TOD deed?

My mother died and I was the only person on the TOD deed with her. How do I change the deed over into only my name? Can this be done by me or do I need to hire an attorney? What are the costs to do this? Also, I want to add other people onto the new deed.

Asked on August 18, 2011 Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The "tod" also known as a "transfer upon death" in your situation where you were the only one on title with her on a piece of property is accomplished by you signing a declaration under the penalty of perjury that you are on title to the specific parcel with the assessor parcel number and common street address listed with the recording date when you were first put on with your late mother.

You should also mention the recording number of the prior document. You need to attach a certified copy of your mother's death certificate to the declaration and sign the declaration under the penalty of perjury of your state and have your signature notarized.

Your declaration needs to mention the passing of your mother, her date of death and that you are the sole surviving owner of the property. You then record the declaration on your property with your mother's certified death certificate attached.

It is best that you have an attorney assist you. Once this declaration is recoded, you can then deed interests in the property to others in a separate document.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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