What the certificate does
The certificate of transfer is how Ohio real estate gets out of a dead person’s name when the estate does not sell it. R.C. 2113.61 says that when real property passes under a will or by intestate succession, the executor or administrator files an application in probate court for a certificate of transfer. The court issues the certificate, and the fiduciary or heirs record it.
After recording, the county’s land records show the heirs or beneficiaries as the owners. Each person named receives the share the will or Ohio’s intestacy law gives them. If two children inherit equally, the certificate names both, each with a one-half interest.
Two kinds of property are carved out of the statute: real estate the fiduciary sells, and registered land under Chapters 5309 and 5310, which follows its own procedure.
When in the estate the application is filed
The application has a fixed place in the estate’s sequence. R.C. 2113.61 puts it after the inventory that lists the property and before the final account. In practice:
- The fiduciary is appointed and receives letters of authority.
- The inventory listing the house is filed and approved, within 3 months of appointment under R.C. 2115.02.
- The fiduciary files Form 12.0, the Application for Certificate of Transfer.
- The court issues the certificate (Form 12.1 in Summit and Stark’s form lists).
- The certificate is presented to the county auditor or fiscal office and recorded with the county recorder.
- The final account is filed and the estate closes.
For estates using a summary release under R.C. 2113.031, any certificate of transfer application for estate real estate goes in with the summary release application.
What the application asks for
The statewide Form 12.0 asks for the decedent’s name, domicile and date of death, whether there was a will, and the legal description and parcel information for each property. It also lists each heir or beneficiary, their address and the share they receive. The form asks whether the estate’s debts have been paid or provided for, because the court wants to know the heirs are not taking a house the estate still needs to sell to pay creditors.
Get the legal description from the last recorded deed, not the tax bill. A mismatch between the two is a common reason a recorder or title examiner sends the certificate back.
Summit and Stark real-estate-only filings
Some courts let heirs get a certificate without a full estate when the house is the only probate asset. The two biggest local courts set different conditions:
| Summit County | Stark County | |
|---|---|---|
| Rule | Local Rule 57.4, under R.C. 2113.61(D) | Local Rule 75.6 |
| Earliest filing | 6 months after death | 6 months after death |
| Other conditions | Real estate is the only probate asset; no Medicaid estate recovery | Real estate is the only asset; no Medicaid estate recovery; funeral paid in full |
| Notice | Paid funeral bill and death certificate filed | All next of kin and beneficiaries served or sign waivers |
| Local forms | ER.11 with 1.0, 12.0, 12.1 and MISC.02 | SCPC 12.0A to 12.0D |
| Court deposit | $100 | $125 |
Summit also asks for the Fiscal Office’s date-of-death value and the deed or legal description. The county pages for Summit and Stark have the rest of each court’s procedure.
Selling the house after the certificate is recorded
Once recorded, the heirs sell the house like any other owners. The deed is signed by every person on the certificate, and spouses usually sign to release dower. The title company will also look for unpaid estate debts and any Medicaid estate recovery claim before it insures the sale.
A certificate is not always the quickest path to a sale. If the estate is going to sell anyway, a fiduciary’s sale under the will or under R.C. 2127.011 can be cleaner, because the fiduciary alone signs the deed (a consent sale still needs every heir’s signed consent first). The probate sale guide compares the routes. If the heirs can’t agree after the transfer, the partition action guide explains what the court can order.
Common reasons a certificate gets delayed or corrected
Most problems with a certificate of transfer trace back to a few details:
- A legal description that doesn’t match the deed. Copy it from the last recorded deed, including any exceptions.
- Heirs who can’t be located. Stark’s Local Rule 75.6 requires every next of kin and beneficiary to be served or sign a waiver in a certificate-only case, so a missing sibling stops the filing.
- An unpaid funeral bill. Summit and Stark both require proof the funeral was paid before a real-estate-only certificate.
- A Medicaid estate recovery claim. It removes the real-estate-only shortcut in both counties, so the estate is administered normally.
- A mistake found after recording. Medina County Probate Court posts a form motion to issue an amended certificate of transfer for this.
A title examiner will read the recorded certificate before any later sale, so it pays to get the names, shares and description right the first time.
Certificates also clear survivorship and conveyance fee questions
A certificate of transfer is one of two ways to record a survivorship tenant’s death under R.C. 5302.17. The other is an affidavit with a certified death certificate, which is simpler and more common. The survivorship deed guide explains both.
On the conveyance fee, a 1968 Ohio Attorney General opinion concluded that a certificate of transfer is not a “conveyance” for fee purposes. That opinion is old, so check with the county auditor. The Ohio conveyance fee guide covers the fee on the later sale. When the heirs are ready to sell, our inherited house page explains how a direct sale works with several owners signing.
