Ohio’s BMV 3811 form is a one-page affidavit that lets a vehicle owner name a Transfer on Death (TOD) beneficiary, so the vehicle passes directly to that person or entity at the owner’s death without going through probate. You fill it out, sign it in front of a notary, and file it with your current certificate of title at any county Clerk of Courts Title Office. The clerk issues a new title showing the TOD designation, and you keep full control of the vehicle for the rest of your life.
Who Can File the Form
Two kinds of owners qualify. A sole owner can designate one or more beneficiaries on a motor vehicle, watercraft, outboard motor, all-purpose vehicle, or off-highway motorcycle titled in Ohio.1Ohio Legislative Service Commission. Ohio Code 2131.13 – Transfer-on-Death of Motor Vehicle, Watercraft, or Outboard Motor Two people who hold the title jointly with right of survivorship can also file together.2Ohio Bureau of Motor Vehicles. Transfer on Death Beneficiary Designation / Removal Affidavit
Your beneficiary does not have to be a person. Ohio law allows you to name a corporation, trust, organization, or other legal entity.3Franklin County Law Library. Ohio Transfer on Death (TOD) Law – Transfer on Death of Vehicles
Filling Out the Form
Download the form from the Ohio BMV website or pick up a copy at a deputy registrar or Clerk of Courts Title Office.2Ohio Bureau of Motor Vehicles. Transfer on Death Beneficiary Designation / Removal Affidavit Have your current title in front of you before you start. At the top of the form, check the box for “designate” if you are adding a beneficiary or “remove” if you are taking one off.
Vehicle Information
Enter the VIN, year, make, model, body type, and title number exactly as they appear on your current certificate of title. A single transposed digit can cause the clerk to reject the filing, so verify each character against the physical title.
Beneficiary Information
For each beneficiary, the form asks for full legal name, Social Security number, date of birth, and residential address.2Ohio Bureau of Motor Vehicles. Transfer on Death Beneficiary Designation / Removal Affidavit Use the name exactly as it appears on the beneficiary’s government-issued ID. If you are naming a trust or organization, use the entity’s full legal name.
Notarized Signature
Do not sign the form at home. Ohio law requires the application to be sworn before a notary public or another officer authorized to administer oaths.4Ohio Legislative Service Commission. Ohio Code 4505.06 – Application for Certificate of Title Bring the completed but unsigned form to the notary, sign in front of them, and let them affix the seal. Ohio caps in-person notary fees at $5 per notarial act.5Ohio Legislative Service Commission. Ohio Code 147.08 – Notary Fees
Filing at the Title Office
Take the notarized BMV 3811 and your original certificate of title to any county Clerk of Courts Title Office in Ohio. You surrender the old title, and the clerk issues a new one that prints “Transfer on Death” followed by the beneficiary’s name on the certificate. The title fee is $18 statewide, with counties that adopted the higher fee under HB 96 charging $23.6Ohio Legislative Service Commission. Ohio Code 4505.09 – Certificate of Title Fees – Funds Bring cash or a check, since not all offices accept cards. Store the updated title somewhere safe; it is proof of both current ownership and the TOD designation.
Changing or Removing a Beneficiary
You keep full control of the vehicle during your lifetime. The beneficiary gets no ownership rights and no say over what you do with the vehicle. You can sell it, trade it in, or scrap it without asking permission, and transferring the title to a buyer erases the TOD designation automatically.4Ohio Legislative Service Commission. Ohio Code 4505.06 – Application for Certificate of Title
To swap in a different beneficiary, fill out a new BMV 3811 with the replacement’s information, get it notarized, and file it with your current title. The clerk issues a fresh title reflecting the change. To remove a beneficiary without naming a replacement, apply for a duplicate title that drops the TOD language. Either change costs the standard $18 or $23 title fee.6Ohio Legislative Service Commission. Ohio Code 4505.09 – Certificate of Title Fees – Funds
What Happens After the Owner Dies
A new title does not arrive in the mail automatically. The beneficiary must visit a Clerk of Courts Title Office in person and bring:7Summit County Clerk of Courts. Designating a Beneficiary
- The original Ohio title showing the TOD designation.
- A certified copy of the death certificate. A photocopy will not be accepted.
- Application for Certificate of Title (BMV 3774), available at the Title Office or on the BMV website.
- A driver’s license or state ID card.
- The $18 or $23 title fee.6Ohio Legislative Service Commission. Ohio Code 4505.09 – Certificate of Title Fees – Funds
A TOD beneficiary claiming the vehicle does not owe Ohio sales tax on the transfer; exemption code “TD” is used on the title application to document the tax-free transfer.3Franklin County Law Library. Ohio Transfer on Death (TOD) Law – Transfer on Death of Vehicles
Only beneficiaries who survive the owner can claim the vehicle. If you name multiple beneficiaries and they all survive you, they become co-owners.1Ohio Legislative Service Commission. Ohio Code 2131.13 – Transfer-on-Death of Motor Vehicle, Watercraft, or Outboard Motor If a named beneficiary dies before you and no other named beneficiary survives you, that share does not pass to the beneficiary’s heirs. The vehicle falls into your probate estate instead.
What the TOD Designation Does Not Protect Against
The BMV 3811 keeps the vehicle out of probate court, but it does not shield the vehicle from Medicaid estate recovery. Ohio defines a deceased person’s estate to include all real and personal property owned at the time of death, whether or not it passed through probate.8Ohio Department of Medicaid. Ohio Medicaid Estate Recovery A vehicle with a TOD designation still counts as part of the estate for recovery purposes. If the deceased owner received Medicaid benefits, the state’s claim takes priority over distribution to the beneficiary.