Estate Planning in Ohio: Wills, Trusts & Avoiding Probate

Most people put off estate planning because it feels complicated, expensive, or simply too far off to worry about. The truth is the opposite. A clear plan is one of the kindest, most practical things you can do for the people you love, and in Ohio, the rules are very specific about what happens when you don’t have one. This article walks through what estate planning entails, whether you need a will or a trust, and how Central Ohio families can keep their estates out of a lengthy, costly probate process.

What is estate planning, really?

Estate planning is simply deciding, while you are alive and able, who receives your property, who makes decisions if you can’t, and how to make that transfer as smooth as possible. It is not only for the wealthy. If you own a home, have a bank account, are raising children, or care about who handles your affairs if you become ill, you have an estate worth planning for.

At a minimum, almost every adult in Ohio should have three core documents:

1. A last will and testament names who will inherit your property and, critically, who you want as guardian for minor children.
2. A financial power of attorney lets someone you trust manage money and property if you become incapacitated.
3. Healthcare directives, including a healthcare power of attorney and a living will, state your medical wishes and who speaks for you.

Many families add a trust on top of these documents to manage assets and skip probate. We’ll cover when that makes sense below.

What happens if you die without a will in Ohio?

If you die without a valid will, you are said to have died “intestate,” and Ohio’s intestacy statute, not you, decides who gets what. The state follows a fixed order: typically, your spouse and children first, then parents, siblings, and more distant relatives. That can produce results you never intended, especially in blended families, unmarried partnerships, or when you wanted to provide for a friend, stepchild, or charity. Dying without a will also means the probate court appoints the person who administers your estate, which may not be the person you would have chosen.

Do I need a will or a trust in Ohio?

This is the question we hear most often, and the honest answer is: it depends on your goals. Here’s the plain-English difference.

A will takes effect only after you die and must be filed with the probate court to be carried out. It tells the court your wishes, names guardians for children, and names your executor—but it does not avoid probate.

A revocable living trust holds your assets during your lifetime and passes them to your beneficiaries after death without probate court involvement. You stay in full control while you’re alive and can change it at any time. Trusts also let you set conditions—for example, releasing money to a child at certain ages instead of all at once.

A trust may be worth it if you:

• Own real estate, especially in more than one county or state.
• Want to avoid probate and keep your affairs private.
• Have minor children, a child with special needs, or want to control when and how heirs receive money.
• Own a business or other assets that would be disruptive to tie up in probate.

A will alone may be enough if you:

• Have a modest, straightforward estate.
• Can transfer most assets through beneficiary designations and transfer-on-death tools (explained below).

For many Central Ohio families, the best plan is a combination: a trust to hold major assets, plus a “pour-over” will as a safety net. An estate planning attorney can tell you quickly which path fits your situation.

Does a will avoid probate in Ohio?

No. A will does not avoid probate. This is the single most common misunderstanding we correct. A will is your instructions to the probate court; your loved ones still have to open a probate case to carry those instructions out. Probate is the formal, court-supervised process of validating a will, paying debts, and distributing what’s left. It is public, it takes months, and it costs money. The good news is that with planning, most Ohio families can keep some or all of their assets out of probate entirely.

How much does probate cost in Ohio?

Probate expenses in Ohio commonly run between 3% and 7% of the estate’s value once you add attorney fees, executor compensation, appraisal costs, and court filing fees. Court filing fees alone typically range from $100 to $300, and courts often require an initial deposit to open the case. Beyond the dollars, probate adds time and stress. Estates frequently stay open for six months to a year or more. Every asset you can pass outside probate reduces that burden on your family.

How to avoid probate in Ohio

Ohio gives residents several practical tools to transfer assets directly to the people you choose, bypassing the courtroom:

1. Revocable living trust. Assets titled in the trust pass to beneficiaries without probate.
2. Transfer-on-Death (TOD) Designation Affidavit for real estate. Ohio lets you record an affidavit naming who inherits your home; it takes effect at death, you keep full control during life, and the property avoids probate.
3. Payable-on-death (POD) bank accounts and TOD investment accounts. Name a beneficiary and the account passes directly to them.
4. Beneficiary designations on life insurance, IRAs, and 401(k)s. These pass outside the will, so keeping them current is essential.
5. Joint ownership with right of survivorship. Useful in some cases, but it carries trade-offs worth discussing with an attorney.

One caution: these tools only work if they are set up correctly and kept consistent with the rest of your plan. A beneficiary form that conflicts with your will can override your intentions. This is exactly where an attorney’s review pays for itself.

Does Ohio have an estate tax or inheritance tax?

No. Ohio repealed its estate tax effective January 1, 2013, and has never had an inheritance tax. Most Ohio families owe nothing in state-level death taxes. A federal estate tax still exists, but it only applies to very large estates. The federal exemption is $15 million per person in 2026 (and is portable between spouses). That said, there can be other tax consequences worth planning for, such as the income tax heirs owe on inherited retirement accounts, which, under current law, must usually be drawn down within 10 years. Good planning is less about the Ohio death tax and more about avoiding probate, protecting heirs, and minimizing income-tax surprises.

When should you review your estate plan?

An estate plan is not a one-time document. Life changes, and your plan should keep up. Revisit it after any of these:

• Marriage, divorce, or remarriage.
• The birth or adoption of a child or grandchild.
• Buying or selling a home or business.
• A move to or from Ohio.
• The death of a beneficiary, executor, or trustee you named.
• Significant changes in your assets, or simply the passage of several years.

Working with a Central Ohio estate planning attorney

MacLaren Law LLC is a small firm in New Albany, Ohio, serving families and business owners throughout Columbus and Central Ohio—including Bexley, Dublin, Upper Arlington, Worthington, Westerville, Gahanna, Powell, Delaware, and the surrounding communities in Franklin, Delaware, Licking, Knox, Union, and Muskingum counties. Attorney Jacqueline Ferris MacLaren works closely with each client to build a plan that fits their family, explains every step in plain language, and keeps the process timely and cost-effective.

If it has been a few years or you have never put a plan in place, a short conversation is the best first step. We’ll help you decide what you actually need, no more and no less, so your loved ones are spared confusion and unnecessary cost, and you have peace of mind knowing your wishes will be carried out. 

Ready to protect your family’s future?

Call MacLaren Law at 614.855.6527 or contact us online to schedule a consultation about your Ohio estate plan.

Frequently Asked Questions

Do I need a will if I have a trust?

Yes. Even with a trust, you generally want a “pour-over” will to cover any assets you didn’t move into the trust and, if you have minor children, to name a guardian, something a trust cannot do.

Does a will avoid probate in Ohio?

No. A will must be filed with the probate court, and your estate still goes through probate. To avoid probate, use tools like a revocable living trust, transfer-on-death affidavits, and beneficiary designations.

How much does probate cost in Ohio?

Typically 3% to 7% of the estate’s value after attorney fees, executor compensation, appraisals, and court costs, with filing fees commonly ranging from about $100 to $300.

Does Ohio have an estate or inheritance tax?

No. Ohio repealed its estate tax in 2013 and has no inheritance tax. Only very large estates are subject to the federal estate tax (a $15 million per-person exemption in 2026).

What happens if I die without a will in Ohio?

Ohio’s intestacy law decides who inherits, usually the spouse and children first, and the court appoints someone to administer your estate, which may not match your wishes.