If you’ve ever had a conversation about estate planning, you’ve probably heard something like:
“You need a trust if you want to avoid probate.”
It’s one of those statements that gets repeated a lot — usually with good intentions, but not always with accurate information. And while avoiding probate in Ohio is a common goal, the idea that you must have a trust to do it is simply not true.
Trusts can be useful in many estate plans, but they’re not always necessary — and often, they’re not the simplest (or most cost-effective) solution.
Let’s clear up the myth and talk about what really works when it comes to avoiding probate in Ohio — and when a trust might still make sense.
First, What Even Is Probate?
Probate is the legal process that happens after someone dies. It’s how a person’s debts are paid and assets are transferred to their heirs or beneficiaries. In Ohio, this process is generally handled by the probate court in the county where the deceased person lived.
Yes, probate involves paperwork and timelines — but in many cases, it’s not the financial or legal nightmare it’s made out to be. Especially when an estate is relatively straightforward or well-organized, probate can be handled smoothly.
That’s why rushing to create a trust just to “skip” probate can sometimes result in paying more than you need to, or adding unnecessary complexity to an otherwise simple estate.
Please see this infographic we created to highlight the Full Probate Process in Ohio.
The Myth: “Only a Trust Can Avoid Probate”
Let’s bust this one wide open.
While it’s true that a revocable living trust can help your assets avoid probate, it’s far from the only tool available. In fact, avoiding probate in Ohio can often be achieved with low-cost or no-cost options — without a trust at all.
Here are a few of the most effective strategies:
1. Transfer-on-Death (TOD) Designations
Ohio allows Transfer-on-Death designations for real estate, vehicles, and certain financial accounts. This means you can name a beneficiary directly on your property — so when you pass away, the asset goes straight to that person without going through probate.
Examples include:
- TOD Affidavit for real estate (a house or land)
- POD (Payable-on-Death) designations for bank accounts
- TOD designations for investment accounts or even vehicles
These designations are easy to set up and can keep valuable assets out of the court system entirely.
2. Joint Ownership with Right of Survivorship
If you co-own a home, bank account, or other asset with someone — like a spouse or partner — and you hold it with right of survivorship, then ownership automatically passes to the surviving person when one owner dies.
This bypasses probate completely.
But be careful — joint ownership isn't always the best strategy if you want control over your assets or are planning for complex family dynamics. It works best in close, trusted relationships.
3. Beneficiary Designations on Retirement Accounts and Life Insurance
Your 401(k), IRA, and life insurance policies already have built-in probate-avoidance — as long as you’ve filled out your beneficiary designations and keep them up to date.
That one simple document — naming a primary and backup beneficiary — can keep large portions of your estate out of probate court.
Tip: Review your beneficiary designations every couple of years or after major life changes like divorce, marriage, or the birth of a child.
4. Small Estate Procedures
Even if some assets do end up in probate, Ohio law offers simplified probate for estates under a certain dollar amount.
These streamlined procedures often require less paperwork, fewer court appearances, and minimal costs. This can make probate a non-issue in smaller estates, especially when most major assets have TOD or beneficiary designations in place.
Please see this infographic that we have that help determine which probate process fits your case based on estate size, assets, and heirs. It explains when probate may not be needed, the thresholds for simplified processes, and when full probate is required.
When a Trust Does Make Sense
Now, let’s be clear: Trusts in estate planning are not bad. In many cases, they’re exactly what’s needed — especially for more complex goals.
You may want to consider a trust if:
- You have minor children or dependents with special needs
- You own real estate in multiple states (which could trigger multiple probates)
- You want privacy, since trusts don’t become public record like wills do
- You want to control how and when your heirs receive their inheritance (e.g., delaying distributions until age 30)
In these scenarios, a revocable living trust can offer clear advantages — but it should be part of a comprehensive plan, not a knee-jerk response to probate fears.
Think of It Like This...
Using a trust just to avoid probate can be like using a sledgehammer to hang a picture frame.
It’ll work — but it might be overkill.
The key is understanding your actual goals and building a plan that fits you, not someone else’s assumptions.
What’s the Best Way to Avoid Probate in Ohio?
The answer depends on your personal situation. But often, the most effective path involves:
- Reviewing all beneficiary designations
- Using TOD affidavits for real estate
- Holding appropriate assets in joint ownership
- Keeping estate planning documents updated
- Consulting with an Ohio Probate attorney to avoid unintended gaps
The best part? Many of these strategies are free or low-cost, and easy to implement with the help of an estate planning attorney.
Serving Ohio’s Modern Families
At ALH Law Group, we understand that estate planning isn’t one-size-fits-all — especially for LGBTQ+ individuals, blended families, and those with chosen family structures.
Our approach to avoiding probate in Ohio is tailored to your relationships, your goals, and your legal realities. Whether that includes trusts, TOD designations, or both, our goal is to make your plan clear, protective, and deeply personal.
The Bottom Line
Avoiding probate in Ohio doesn’t require expensive or complicated tools. Often, it’s as simple as naming the right beneficiaries and signing a few extra forms. Before setting up a trust, it’s worth sitting down with an estate planning attorney who can help you look at your assets, your goals, and your family situation — and recommend what actually fits your needs. Because in Ohio, avoiding probate doesn’t have to mean avoiding simplicity.
Final Thought
Avoiding probate in Ohio doesn’t require a pricey trust or a complicated legal maze. In many cases, a few intentional steps — like naming beneficiaries or signing a TOD affidavit — are all you need to keep your estate out of court and in the hands of the people you love.
But don’t guess. Let’s talk. Schedule a consultation with ALH Law Group today. Together, we’ll create a personalized plan that works for your assets, your family, and your peace of mind — trust or no trust.
