A will does not skip probate. This is the misunderstanding that catches most Ohio families off guard, and it changes everything about how you should plan. Whether you need a will, a trust, or both depends on what you own, who you are protecting, and how much control you want over what happens if you become unable to manage your own affairs.
A Will Still Goes Through Ohio Probate Court
Ohio law clearly defines what makes a valid will. According to Ohio Revised Code 2107.03, the person making a will must be at least 18 years old, of sound mind, and the will must be signed in the presence of two witnesses who are also of sound mind. If any of these requirements are not met, the probate court may reject the entire document.
Even a flawless will must be filed with the probate court after death. The court appoints an executor, notifies creditors, settles debts, and then releases assets to beneficiaries. This is a public process. Anyone, including curious neighbors or distant relatives, can go to the courthouse to find out exactly what you own and who receives it. If you die without a will, the Ohio intestate succession law decides who inherits and it often doesn’t match what people would have wanted.
Ohio lawmakers passed House Bill 446 earlier this year, updating trust and probate administration statutes and formally recognizing trust protectors under state law. The changes reinforce what estate planning attorneys have been saying for years: Ohio’s trust framework is becoming more flexible, not less.
A Trust Skips the Courthouse Entirely
A revocable living trust governed by the Ohio Trust Code works differently. You transfer ownership of your assets to the trust while you are alive. When you die, the successor trustee distributes the assets directly to your beneficiaries without probate, public record, or a months-long wait for a court date.
There’s a second advantage that often matters more than avoiding probate: incapacity planning. If a stroke, dementia, or a serious accident leaves you unable to manage your own finances, a will does nothing for you. It only takes effect after death. A properly drafted trust lets your successor trustee step in immediately and manage your assets on your behalf, without a guardianship proceeding. That single feature can spare a family months of court hearings during an already difficult time.
Where People Get This Wrong
A trust only protects what’s actually inside it. However, we often see a common mistake: people create a trust, feel finished, and never transfer their house, bank accounts, or investment accounts to the trust’s name.
With the unfunded assets, these assets still go through probate, defeating the whole purpose of the trust. A “pour-over will” is still necessary to catch any assets left outside the trust and route them back into it.
Smaller assets sometimes don’t require a full-fledged trust. Transfer-on-death deeds can move real estate directly to named beneficiaries, bypassing probate. Pay-on-death designations also do the same for bank accounts. These tools are useful for simple estates, but may not be the best option for those with minor children, blended families, or a desire for more control over distributions over time.
Which One Fits Your Situation
Consider creating a trust if:
- You own property in multiple states
- You want to plan for future incapacity, beyond just death
- Privacy is important to you, or your family’s situation is complicated by prior marriages, estranged relatives, or beneficiaries who may not yet be able to manage money responsibly
- You prefer distributions to be spread out over time, rather than all handed over at once
A will alone may be enough if your estate is straightforward, your beneficiaries are adults capable of managing an inheritance, and you’re not particularly concerned about privacy or the timeline of probate. Most people actually need both: a will as a safety net and either a trust or targeted non-probate tools for assets that are most important.
Talk to an Ohio Estate Planning Attorney Before You Decide
Guessing wrong here doesn’t just cost time. It can mean your family spends months in probate court over an estate that a properly funded trust would have settled in weeks, or it can mean assets end up with people you never intended to include. Axelrod & Hellier LLP has guided Northeast Ohio families through exactly this decision, weighing what you own against what you actually want to happen, and building a plan that holds up. Contact us today for a free consultation and let’s figure out whether you need a will, a trust or both