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Greene County Recorder's Office

Eric C. Sears, Recorder

Eric C. Sears, Greene County Recorder

69 Greene Street, 3rd Floor
Xenia, Ohio 45385
Office Hrs: Monday - Friday
8:00 am - 4:30 pm
Phone: (937) 562-5270
Fax: (937) 562-5386

     

MEDICAID ESTATE RECOVERY INSTRUCTIONS

 

Instructions for Filing a Medicaid Estate Recovery Notice

Legislation (ORC 5302.221) requires the Recorder’s Office to obtain a Notice of Pending Transfer of Property by Transfer on Death Deed when a transfer to a TOD beneficiary is filed and to send the completed form to the Administrator of the Medicaid Estate Recovery Program.   Effective immediately, you must provide an original copy of the Notice form when you are filing a transfer to a TOD beneficiary in the Greene County Recorder’s Office.  The Notice form is not a public record in the Recorder’s Office, so please do not include the form as an exhibit. 

As a result of SB124, effective December 28, 2009, Transfer on Death Deeds have been replaced by Transfer on Death Designation Affidavits.  And, Transfer on Death Affidavits have been replaced by TOD Affidavits of Confirmation (see Transfer on Death Recordings link).  The Medicaid Estate Recovery administrator has not revised the name of the Notice to reflect the changes in SB124.   However, the form is still required when filing a Transfer on Death Affidavit of Confirmation. 

When filing a TOD Affidavit of Confirmation, please provide the following:

  1. The original signed copy and a copy of the Notice form. 

We are required to time-stamp the original copy of the Notice form before we record the TOD Affidavit of Confirmation and to send it to the Medicaid Administrator.  We will also time-stamp your copy, which you may keep. We will keep a copy of the Notice for our records; however, it is not recorded and is not available for public inspection.  If you do not bring a copy with you, you may pay the customary fees to make a copy. Click here for the Notice form, or you can locate the form on the Ohio Department of Job and Family Services Website.  Look for form JFS 07408.

  1. A copy of the Transfer on Death Designation Affidavit or the Transfer on Death Deed, if filed before December 28, 2009, which we send with the Notice

We are required to attach a copy of the TOD Designation Affidavit or the TOD Deed with the Notice form.  We are not required to send a copy of the TOD Affidavit of Confirmation— only the TOD Designation Affidavit or Transfer on Death Deed that was recorded prior to the death of the property owner. 

  1. Payment to adequately cover postage costs for the Notice form and the TOD Designation Affidavit or the TOD Deed.   This postage is separate from the postage you provide for filing the TOD Affidavit of Confirmation. 

After we have time-stamped the Notice form and attached a copy of the TOD Designation Affidavit or TOD Deed, which you have provided, we will mail the documents to the Administrator.  The only processing fee you will incur from the Recorder’s Office is the postage fee.  We do not charge a fee to process the form.  The TOD Affidavit of Confirmation will be recorded as usual, with the usual fees for recording and postage.  After the Notice form is mailed, the Recorder’s Office will not be contacted by the Medicaid Administrator unless a Medicaid Lien is filed.  For questions concerning processing after the Medicaid Administrator has received the Notice, please contact the Medicaid Estate Recovery Program at the address on the form.