Common Types of Deeds in Ohio
General Warranty Deed:
a.If there is more than on grantee, they each own an undivided fractional interest as tenants in common.
b.Owner’s title insurance has become the primary tool for protecting the real property ownership interest of buyers.
a.If there is more than on grantee, they each own an undivided fractional interest as tenants in common.
b.Owner’s title insurance has become the primary tool for protecting the real property ownership interest of buyers.
Survivorship Deed:
a.ORC 5302.17 and 5302.20
b.Transfers to “A and B, for their joint lives, remainder to the survivor of them.”
c.Upon the death of a survivorship tenant the remaining parties become owners of the decedent’s interest by
operation of law without the need for proceedings.
d.There may be any number of survivorship tenants as long as there are at least two.
e.The survivorship tenants must be natural persons, i.e. no trustees, corporations, partnerships or limited liability
companies.
f. A survivorship deed may include general warranty, limited warranty or quitclaim covenants.
a.ORC 5302.17 and 5302.20
b.Transfers to “A and B, for their joint lives, remainder to the survivor of them.”
c.Upon the death of a survivorship tenant the remaining parties become owners of the decedent’s interest by
operation of law without the need for proceedings.
d.There may be any number of survivorship tenants as long as there are at least two.
e.The survivorship tenants must be natural persons, i.e. no trustees, corporations, partnerships or limited liability
companies.
f. A survivorship deed may include general warranty, limited warranty or quitclaim covenants.
Limited Warranty Deed:
a.ORC 5302.11 and 5302.08
b.Customarily used in commercial or relocation transactions.
c. Similar to characteristics of general warranty deed except that seller only warrants as to defects in title that may
have occurred during the time they owned the property.
a.ORC 5302.11 and 5302.08
b.Customarily used in commercial or relocation transactions.
c. Similar to characteristics of general warranty deed except that seller only warrants as to defects in title that may
have occurred during the time they owned the property.
Quit Claim Deed:
a.ORC 5302.11
b.Contains no warranties as to possible defects or encumbrances.
c.Conveys whatever ownership interest seller has.
a.ORC 5302.11
b.Contains no warranties as to possible defects or encumbrances.
c.Conveys whatever ownership interest seller has.
Transfer on Death (Affidavit) Replaces Transfer on Death Deed:
a.Prepared by our recommended attorneys for $90.00. The cost is $34.50 to record (for 2 pages -add $8 for each
additional page)
b.This Affidavit is the instrument used to:
1. Transfer from A to B, transfer on death.
2. It will transfer title to a designated beneficiary upon the death of the vested Title holder without probate
proceedings, by filing a Certificate of Transfer along with a Death Certificate.
3. This instrument also eliminates the need for the TOD affidavit to sign the current deed when the property is
sold or mortgaged.
4. During the life of A, the property may be sold or mortgaged without the consent of any transfer on death
beneficiary.
a.Prepared by our recommended attorneys for $90.00. The cost is $34.50 to record (for 2 pages -add $8 for each
additional page)
b.This Affidavit is the instrument used to:
1. Transfer from A to B, transfer on death.
2. It will transfer title to a designated beneficiary upon the death of the vested Title holder without probate
proceedings, by filing a Certificate of Transfer along with a Death Certificate.
3. This instrument also eliminates the need for the TOD affidavit to sign the current deed when the property is
sold or mortgaged.
4. During the life of A, the property may be sold or mortgaged without the consent of any transfer on death
beneficiary.
Fiduciary Deed:
a.ORC 5302.09 and 5302.10
b.Forms of deeds used by Guardians, Executors, Administrators and Conservators.
c.Warrants that the grantor is duly appointed and acting in compliance with relevant statutory authority in their
conveyance of the subject property.
d.Contains no warranties as to ownership, possible defects in title or encumbrances.
a.ORC 5302.09 and 5302.10
b.Forms of deeds used by Guardians, Executors, Administrators and Conservators.
c.Warrants that the grantor is duly appointed and acting in compliance with relevant statutory authority in their
conveyance of the subject property.
d.Contains no warranties as to ownership, possible defects in title or encumbrances.
