OTS 3.4

3.4 CONVEYANCES-SURVIVORSHIP

Problem A:

What language creates an estate with right of survivorship?


Standard A:


Where the operative words of a deed clearly express an intention to create the right of survivorship, such expressed intention will be given effect and the survivor will take by force of the terms of the grant.  Upon the death of the other grantee or grantees, the survivor acquires the entire estate, subject to the charge of death taxes.


A conveyance is sufficient to create an estate with right of survivorship when it contains "to A and B for their joint lives, remainder to the survivor of them, " or substantially similar language.  To be sufficient the conveyance should contain the names of the grantees and a reference that the survivor is entitled to the remainder.  


Any deed or will containing language that shows a clear intent to create a survivorship tenancy shall be liberally construed to do so.  Use of the word "or" between the names of two or more grantees or devisees does not by itself create a survivorship tenancy, but shall be construed and interpreted as if the word "and" had been used between the names. R.C. Sec. 5302.20.


Comment A:


Revised Code Section 5302.20 became effective on April 4, 1983.


(Effective as amended April 28, 2017; as amended November 11, 1989; originally adopted November 1, 1952, and amended May 8, 1969)


Problem B:


What shall be sufficient proof of the death of a grantee of a survivorship deed when one or more other grantees set forth in a survivorship deed remain alive?


Standard B:


A certificate of transfer as provided in Section 2113.61 under the Revised Code or an affidavit accompanied by a certificate of death.  For contents of the affidavit see Revised Code Section 5302.17.


Comment B:


For property affected by Revised Code Section 5309.09 (Torrenized Property) the procedure for the transfer of the interest of the decedent shall be pursuant to Section 5309.081 of the Revised Code.


Problem C:


Does subsequent incompetency of one or more of such owners alter the interests so created?


Standard C:


No.


Comment C:


The incident of survivorship is not destroyed.


(Effective as amended April 28, 2017; originally effective November 15, 1969; replaces Problem C of May 21, 1953)


Problem D:


What is the effect of a deed that contains the names of the grantees and a reference that the survivor is entitled to the remainder that does not state the marital status of the grantees?


Standard D:


The failure to cite the grantees' marital status does not make the survivorship tenancy defective.


(Effective April 28, 2017)

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