MEDICAID ESTATE RECOVERY INSTRUCTIONS

Instructions for Filing a Transfer on Death Affidavit 

Recent 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. 

When filing a TOD affidavit, 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 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. There is a link to the form on this website, or you can locate the form on the Ohio Department of Job and Family Services Website.  Look for form JFS 07408.

2. A copy of the Transfer on Death Deed, which we send with the Notice. 

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

3. Payment to adequately cover postage costs for the Notice form and the Transfer on Death Deed.   This postage is separate from the postage you provide for filing the TOD affidavit. 

After we have time-stamped the Notice form and attached a copy of the 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 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.