"Do I need a trust, or is a will enough?" At one point or another, most Ohioans will find themselves asking this question. They may search for answers at a live insurance sales seminar, through DIY software, or talking to a well-meaning out-of-state relative.
We urge you to speak with an attorney about your estate planning needs. A will and a trust do different jobs, and which one you need depends less on how much money you have than on what you own, where you own it, and who's going to be standing in the probate court hallway if you get it wrong. Here's how the two actually compare under Ohio law.
What a Will Does
A will is a set of instructions that takes effect after you die, and only after an Ohio probate court says it's valid. It names who gets what, who serves as executor, and, critically for parents of young children, who you nominate as guardian.
Ohio Revised Code 2107.03
A will must be in writing, signed at the end by you (or by someone else in your conscious presence and at your express direction), and attested by two or more competent witnesses who either watched you sign or heard you acknowledge your signature. The statute expressly excludes anything transmitted by phone or other remote electronic means (e.g., video call).
Your will is a probate document. It does not avoid probate; it's the thing probate administers. Your executor files it in the county probate court, and the court supervises the process. That means:
It's public.
Wills and inventories filed with an Ohio probate court are public record. Anyone can look up what you owned and who got it.
It takes time.
Ohio creditors generally have six months from the date of death to present claims, which puts a practical floor under most full administrations.
It costs something.
Court costs, filing fees, fiduciary fees, and attorney fees all come out of the estate.
It does nothing while you're alive.
A will has zero effect on incapacity. If you can't manage your own affairs, your will sits in a drawer while your family petitions for guardianship, a court process with ongoing supervision and reporting.
Still: a will is an absolute essential. Even people with fully funded trusts sign one (sometimes called a "pour-over will") to catch anything they forgot to retitle. Your will alone is a plan that only works after the hard part is handled.
What a Revocable Living Trust Does
A revocable living trust is an entity you create and control during your lifetime. You're typically the trustee, the beneficiary, and the person who can amend or revoke the whole thing as you choose; nothing about your taxes or your day-to-day control changes.
What does change is how your assets pass. Property you retitle into the trust is owned by the trust, not by you personally; when you die, your successor trustee steps in and distributes it according to the trust terms without a probate filing. That allows you privacy not afforded by a simple will, as well as continuity in the event that you become incapacitated (your successor trustee takes over immediately).
A revocable trust also keeps your money protected until the beneficiary is at a stage where they can use it responsibly. A simple will would hand a lump sum to an 18-year-old; a revocable trust can hold it through such ways as staggered distributions, a trustee's discretion for education and health, protection from a beneficiary's creditors or divorce.
Depending on your situation, you may also consider an irrevocable living trust. We encourage you to talk to an Ohio Wills and Trusts Attorney to learn more.
How to Avoid Probate in Ohio
Ohio gives you several non-probate transfer tools:
Transfer on Death Designation Affidavits for real estate. Ohio lets you record an affidavit naming a beneficiary who takes title at your death, outside probate. Not every state offers this; Ohio does.
POD and TOD designations on bank accounts, brokerage accounts, and vehicles.
Beneficiary designations on retirement accounts and life insurance, which already pass outside probate.
Joint ownership with survivorship rights.
Ohio also has simplified procedures for smaller estates
$35,000
An estate can qualify for relief from administration when assets are $35,000 or less.
$100,000
Relief from administration is available at $100,000 or less when the decedent left everything to a surviving spouse by will, or died intestate with the spouse entitled to all assets.
$40,000 + $5,000
Summary release: generally up to $40,000 plus up to $5,000 in funeral expenses for a qualifying surviving spouse, or $5,000 for someone who paid funeral costs.
When You Need a Trust
You're a strong candidate for a revocable living trust if:
You own real estate in more than one state. Without a trust, your family may face ancillary probate in each state. In the Cincinnati metro, this is common: a home in Ohio and a property in Kentucky or Indiana. (If you have Northern Kentucky property, our wills and trusts practice covers both sides of the river.)
You have minor children or a beneficiary who needs structure. A young adult, a beneficiary with creditor problems, a child in an unstable marriage, or a family member receiving needs-based benefits (where a special needs trust protects eligibility).
You own a business or income-producing property. A successor trustee can keep operations running the day after you die. A probate estate can't move that fast.
Privacy matters to you. Business owners, professionals, and blended families often have good reasons not to publish an asset list.
You want to protect your assets in the event of incapacity. This is the reason clients most often underestimate, and the one they're most grateful for later.
You have a blended family. A trust can provide for a surviving spouse for life while guaranteeing that the remainder goes to your children from a prior marriage.
Irrevocable trusts are a different structure, used primarily for asset protection and Medicaid planning. A revocable trust does not shelter assets from creditors or from Medicaid's five-year lookback because you still control the property. If long-term care is the concern, speak with an elder law attorney who can help you apply a different estate structure.
Frequently Asked Questions
Do I still need a will if I have a trust in Ohio?
Yes. You'll sign a "pour-over will" that directs any asset you never retitled into the trust to pour into it at your death. It's a safety net, and if you have minor children, the will is also where you nominate their guardian. A trust can't do that.
Do I need a trust to avoid estate tax?
No; Ohio repealed its estate tax effective January 1, 2013, and Ohio has no inheritance tax. At the federal level, the exemption for 2026 is roughly $15 million per person (about $30 million for a married couple), and recent legislation made the higher baseline permanent rather than letting it sunset. The overwhelming majority of Ohio families are nowhere near that.
Does a revocable living trust avoid probate in Ohio?
For assets actually titled in the trust's name, yes. For anything you left in your own name, no. This is the single most common failure point: the trust is signed, the funding never happens, and the family ends up in probate anyway with an extra document to explain.
How much does probate cost in Ohio?
It varies by county and by the size and complexity of the estate. Costs typically include probate court filing fees, fiduciary compensation, and attorney fees, and full administration commonly runs six months to a year or more, partly because Ohio creditors generally have six months from the date of death to present claims. Smaller estates may qualify for relief or summary release from administration and move much faster.
Is a will public record in Ohio?
Yes. Once filed with the probate court, a will and the estate inventory are public records that anyone can request. A properly funded trust keeps that information out of the court file.
Can I just use a Transfer on Death affidavit instead of a trust?
Sometimes. Ohio's TOD Designation Affidavit under ORC 5302.22 is an effective, inexpensive way to pass real estate outside probate. But it's a blunt instrument: it doesn't handle a beneficiary who dies before you, a minor beneficiary, staggered distributions, or your incapacity. If you own several properties across states, coordinating them gets messy fast.
Will a revocable trust protect my assets from nursing home costs?
No. Because you keep control of a revocable trust, its assets are still countable for Medicaid and reachable by creditors. Protecting assets from long-term care costs requires irrevocable planning and attention to the five-year lookback. Start that conversation years before you need care, not during a hospital discharge.
Does my out-of-state will work in Ohio?
Generally yes, but be careful here. A will validly executed under another state's law will be recognized in Ohio, but "recognized" and "well-suited" aren't the same thing. Ohio has its own execution formalities, its own spousal election rules, and non-probate tools other states don't offer. If you've moved to Ohio, have it reviewed.
What happens if I die in Ohio without a will?
Ohio's intestacy statutes decide who inherits: spouse, children, then more distant relatives in a fixed order. The court also appoints the administrator and the guardian for minor children. You lose all input on both, and the outcome frequently isn't what people assume, particularly in blended families.
How often should I update my estate plan?
Review it every three to five years, and immediately after a marriage, divorce, birth, death, business change, significant asset purchase, or move to another state. Beneficiary designations deserve their own review as they override your will.
Who should serve as my trustee or executor?
Someone organized, trustworthy, willing, and ideally close enough geographically to handle logistics. For larger or more complex estates, or where family conflict is a real risk, a corporate or professional fiduciary can be worth the fee. Our trust and estate administration team works with both.
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