Ohio Code § 5302.17
Ohio Code § 5302.17. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 5302.17.
A deed conveying any interest in real property to two or more persons, and in substance
following the form set forth in this section, when duly executed in accordance with
Chapter 5301. of the Revised Code, creates a survivorship tenancy in the grantees,
and upon the death of any of the grantees, vests the interest of the decedent in the
survivor, survivors, or the survivor's or survivors' separate heirs and assigns. “SURVIVORSHIP DEED ․․․․․․․․․․․․․․․ (marital status), of ․․․․․․․․․․․․․․․․․․․․ County, ․․․․․․․․․․․․․․․․․․․․․․․․․ for valuable consideration paid, grant(s), (covenants, if any), to ․․․․․․․․․․․․․․․․․․․․․․․․․ (marital status) and ․․․․․․․․․․․․․․․․․․․ (marital status), for their joint lives, remainder to the survivor of them, whose
tax-mailing addresses are ․․․․․․․․․․․․, the following real property: (description of land or interest therein and encumbrances, reservations, and exceptions,
if any) Prior Instrument Reference: ․․․․․․․․․․․․․․․․․․․․․․․․․․․․ ․․․․․․․․․․․․․․․, wife (husband) of the grantor, releases all rights of dower therein. Executed this ․․․․․․․․․․․․․․․ day of ․․․․․․․․․․․․․․․․ (Execution in accordance with Chapter 5301. of the Revised Code)” Any persons who are the sole owners of real property, prior to April 4, 1985, as tenants
with a right of survivorship under the common or statutory law of this state or as
tenants in common may create in themselves and in any other person or persons a survivorship
tenancy in the real property by executing a deed as provided in this section conveying
their entire, separate interests in the real property to themselves and to the other
person or persons. Except as otherwise provided in this section, when a person holding real property
as a survivorship tenant dies, the transfer of the interest of the decedent may be
recorded by presenting to the county auditor and filing with the county recorder either
a certificate of transfer as provided in section 2113.61 of the Revised Code , or an affidavit accompanied by a certified copy of a death certificate. The affidavit shall recite the names of the other survivorship tenant or tenants,
the address of the other survivorship tenant or tenants, the date of death of the
decedent, and a description of the real property. The county recorder shall record any certificate or affidavit so filed in the official
records. When a person holding real property as a survivorship tenant dies and the title
to the property is registered pursuant to Chapter 5309. of the Revised Code, the procedure
for the transfer of the interest of the decedent shall be pursuant to section 5309.081 of the Revised Code .
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5302.17
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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