Fill and Sign the Ohio Survivorship Form

© 2016 - U.S. Legal Forms, Inc.       OHIO SURVIVORSHIP DEED [With General Warranty Covenants] [Two Individuals to Husband and Wife as Joint Tenants with the Right to Survivorship] Control Number: OH-022-78 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of Ohio real property can be held by more than one person (concurrent estates) in the following ways: 1. If the Grantees ARE NOT married to each other, they can hold the property as: a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size. b. Joint Tenants with the Right of Survivorship (JTWROS): is a type of concurrent estate in which co-owners have a right of survivorship , meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. 2. If the Grantees ARE married to each other, they can hold the property as: a. Tenants in Common – See above b. Joint Tenants with the Right of Survivorship – See above 3. In the past, Ohio accepted ownership of real property by husband and wife in the form known as “tenants by the entirety.” This was a type of joint ownership of real property by husband and wife where they each owned the entire property. (Tenants in common and joint tenants own an undivided fractional interest of the property.) In Ohio, tenants by the entirety were established by statute from 1972 to 1984. Although estates of tenancy by the entireties can no longer be created in Ohio, those interests established when the statute was in effect are still valid. 4. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common or Joint Tenants with Right of Survivorship. B. For example: “. . . as tenants in common , . .” OR “. . .as joint tenants with the right of survivorship and not as tenants in common , . .“ III. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Ohio. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.       SURVIVORSHIP DEED (Two Individuals to Husband and Wife) KNOW ALL MEN BY THESE PRESENTS THAT: Grantors, ______________________________ , a married unmarried individual, and ______________________________ , a married unmarried individual, for a valuable consideration paid, grants with General Warranty Covenants, to ______________________________ and ______________________________ , Husband and Wife, for their joint lives, remainder to the survivor of them, whose address is ____________________________________ , the following REAL PROPERTY, situated in the City of __________________ , County of __________________ , and State of Ohio: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description:       Auditor’s Parcel No. ______________________ Prior instrument reference: Volume ______ , Page ______ , Document/File No. ______ , of the public records of the Recorder of ______________________ County, Ohio. LESS AND EXCEPT all oil, gas and minerals, on and under the above described property owned by Grantor, if any, which are reserved by Grantor. SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any. Survivorship Deed Page 1 of 3       (Name of spouse of Grantor) wife husband of the Grantor releases all right of dower therein (mark if applicable.)       (Name of spouse of Grantor) wife husband of the Grantor releases all right of dower therein (mark if applicable.) EXECUTED this ______ day of __________________ , 20 ______ (1 st Grantor’s Signature) (1 st Grantor’s Spouse’s Signature – if applicable)             Print Name Print Name (2 nd Grantor’s Signature) (2 nd Grantor’s Spouse’s Signature – if applicable)             Print Name Print Name STATE OF OHIO , COUNTY OF       , SS: The foregoing instrument was acknowledged before me this       day of       , 20       ,       (name of person acknowledged.) IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My commission expires:             Type or Print Name Survivorship Deed Page 2 of 3 Grantor’s Address: Grantor’s Address:                                                 Grantee’s Address: Grantee’s Address:                                                 This Instrument was prepared by:                   Signature       Print or Type Name Survivorship Deed Page 3 of 3 EXHIBIT A Grantors:             Grantees:             Legal Description:       Survivorship Deed Exhibit A