An affidavit, not a deed
Since December 28, 2009, Ohio real estate passes outside probate to a named beneficiary through a Transfer on Death Designation Affidavit under O.R.C. § 5302.22 — a sworn statement recorded with the county recorder, not a "deed" in the usual sense. It replaced an earlier transfer-on-death deed system; deeds recorded before that date are still valid, but anyone setting this up today uses the affidavit. Because Ohio still recognizes dower, a married owner's spouse has to join in signing it. See our full guide to Ohio's TOD designation affidavit.
Joint real estate needs the right deed — and "or" doesn't count
Ordinary joint ownership doesn't carry automatic survivorship in Ohio. A deed has to create a survivorship tenancy under § 5302.17, typically using language like "for their joint lives, remainder to the survivor of them." One quirk worth knowing: under § 5302.20, using the word "or" between two owners' names on a deed doesn't create survivorship by itself — Ohio law construes it the same as "and." See our full breakdown of Ohio survivorship deed rules.
Bank accounts follow the form chosen at the bank
Ohio doesn't have one clean statute for joint bank account survivorship the way it does for real estate — it's governed by case law. Ohio courts look at the form the account was opened in, shown on the bank's signature card, and treat that choice as effectively conclusive absent fraud, duress, or lack of capacity when the account was created. See our guide to Ohio beneficiary and P.O.D. accounts.
No state estate or inheritance tax
Ohio repealed its estate tax for deaths on or after January 1, 2013, and has no separate state inheritance tax. The probate-estate total from this tool feeds into Ohio's probate cost and executor fee calculators, and into checking Ohio's small estate procedures — but not into any separate state death tax calculation.
Ohio isn't a community property state
Ohio is a common-law property state. What a married couple owns depends on whose name is on the title or account, not a 50/50 marital presumption — unlike a community property state such as California or Texas.