Fill and Sign the Ohio Survivorship Deed Form

© 2016 - U.S. Legal Forms, Inc.       OHIO SURVIVORSHIP DEED [One Individual to Two Individuals] Control Number: OH-026-78 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. 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HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.       SURVIVORSHIP DEED (One Individual to Two Individuals) FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, ______________________________ , a married or an unmarried individual, of ______________________________ County, Ohio hereinafter referred to as “Grantor”, grants with General Warranty covenants, to ______________________________ and ______________________________ for their joint lives, remainder to the survivor of them, whose tax mailing addresses are ___________________________________ and ___________________________________ hereinafter “Grantees”, the following lands and property, together with all improvements located thereon, lying in the County of ______________________ , State of Ohio, to-wit: 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 No. ______ , of the Recorder of ______________________ County, Ohio. LESS AND EXCEPT all oil, gas and minerals, on and under the above described property owned by Grantors, if any, which are reserved by Grantors. Survivorship Deed Page 1 of 3 SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any. TO HAVE AND TO HOLD same unto Grantee, and unto Grantee’s assigns forever, with all appurtenances thereunto belonging.       (Name of spouse of Grantor) wife husband of the Grantor releases all right of dower therein (mark if applicable.) EXECUTED this ______ day of __________________ , 20 ______ (Grantor’s Signature) (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 Grantor’s Address: Grantor’s Address:                                                 Survivorship Deed Page 2 of 3 Grantee’s Address:                         This Instrument was prepared by:                   Signature       Print or Type Name Survivorship Deed Page 3 of 3 EXHIBIT A Grantor:       Grantees:             Legal Description:       Survivorship Deed Exhibit A