I hear this all the time in my practice: "I don't need to worry about probate because I have a will." Unfortunately, this is one of the biggest misconceptions in estate planning. The truth is, having a will doesn't help you avoid probate in Ohio: it actually guarantees your estate will go through probate.

Let me explain why this happens and, more importantly, what you can do to actually keep your family out of probate court.

The Big Misunderstanding About Wills

Here's what most people don't realize: a will is essentially a set of instructions for the probate court. When you pass away with a will, that document must be filed with the probate court in the county where you lived. The court's job is to make sure your will is valid and that your assets get distributed exactly as you specified.

Think of it this way: if you write a letter telling someone how to bake a cake, they still need to actually follow those instructions and bake the cake. Your will is the letter, and the probate court is the one doing the "baking."

What Actually Happens When You Die With a Will

When you pass away in Ohio with a will as your only estate plan, here's the process your family faces:

Step 1: Filing with Probate Court
Someone (usually your executor or a family member) must file a petition to administer your estate along with your will and death certificate. This has to happen in the probate court of the county where you lived when you died.

Step 2: Court Validation
The judge typically schedules a hearing to validate your will and formally appoint your executor. If there are any challenges to the will's validity, this is where that lengthy process begins.

Step 3: Asset Inventory and Debts
Your executor must identify all your assets, deal with creditors, and pay any outstanding debts, if properly submitted by the creditors. This process is supervised by the court.

Step 4: Distribution
Finally, after all debts are paid and proper notices given, your executor can distribute your assets according to your will's instructions.

This entire process typically takes 6-12 months, sometimes quite a bit longer for complicated estates. During this time, your family generally cannot access most of your assets, and everything becomes a matter of public record. The public record can consist of the names of beneficiaries, including minors, their birthdates if they are under 18, their addresses and exactly how much each beneficiary stands to inherit.

The Real Costs of Probate in Ohio

Beyond the time and stress, probate comes with real financial costs that eat into what you leave behind for your loved ones:

• Court filing fees (usually several hundred dollars)
• Attorney fees (often 2-4% of the estate value)
• Executor fees (up to 4% of the estate in Ohio)
• Appraisal costs for real estate and valuable personal property
• Publication costs for required legal notices
• Accounting fees for estate tax returns

For a $300,000 estate, these costs can easily total $12,000-$20,000, or more.

Strategies That Actually Avoid Probate in Ohio

If your goal is to keep your family out of probate court, here are the tools that actually work:

Revocable Living Trust

This is the most comprehensive way to avoid probate in Ohio. A revocable living trust creates a separate legal entity that owns your assets instead of you owning them directly. You serve as the trustee during your lifetime, so you maintain complete control over everything, and can add or remove assets from your trust at will.

When you pass away, your successor trustee (someone you've chosen) simply distributes your assets according to your trust instructions. No court involvement, no public records, and your family can usually access what they need within days rather than months.

The key is properly "funding" your trust by transferring your assets into it. This includes deeding your real estate to the trust, changing bank account titles, and updating beneficiary designations.

Transfer on Death (TOD) Deeds for Real Estate

Ohio allows you to use a Transfer on Death deed for your home and other real estate. This special type of deed lets you keep full ownership during your lifetime while automatically transferring the property to your chosen beneficiaries when you die.

Unlike a regular deed that transfers ownership immediately, a TOD deed only takes effect upon death. Your beneficiaries just need to file some paperwork along with your death certificate to complete the transfer: no probate required.

Joint Ownership with Right of Survivorship

You can title property (especially real estate) as "joint tenants with right of survivorship". When one owner dies, the surviving owner automatically inherits the entire property. This works well for married couples who want everything to go to the surviving spouse, but be careful with other relationships: joint ownership gives the other person immediate access to the asset, even while you're alive.

Beneficiary Designations

Many assets allow you to name beneficiaries directly:

• Retirement accounts (401k, IRA, etc.)
• Life insurance policies
• Bank accounts (payable on death/POD accounts)
• Investment accounts (transfer on death/TOD accounts)

Here's something crucial: beneficiary designations override your will. If your will says your retirement account should go to your children, but the account itself names someone else as beneficiary, your kids don't get the money.

Always keep these designations current and name both primary and contingent (backup) beneficiaries.

Common Mistakes Ohio Families Make

Mistake #1: Thinking a will is enough
As we've discussed, a will guarantees probate rather than avoiding it.

Mistake #2: Creating a trust but not funding it
An unfunded trust is essentially worthless. You must actually transfer your assets into the trust for it to work.

Mistake #3: Forgetting to update beneficiary designations
These override your will and trust, so keep them current.

Mistake #4: Not planning for incapacity
Unlike probate avoidance, this requires specific planning for what happens if you become unable to manage your affairs while you're still alive.

Taking Action: Your Next Steps

If you want to keep your family out of probate court in Ohio, here's what to do:

1. Inventory your assets - Make a list of everything you own and how it's currently titled
2. Consider your goals - Do you want to avoid probate entirely, or are you comfortable with a simpler process for smaller assets?
3. Choose your strategies - Based on your asset types and family situation
4. Work with an experienced estate planning attorney - This isn't a DIY project, especially for trusts and deeds

Remember, estate planning isn't just about what happens when you die: it's about making sure your family has the tools they need to handle your affairs efficiently and without unnecessary stress during an already difficult time.

The bottom line: A will is an important document, but it's not a probate-avoidance tool. If that's your goal, you need different strategies. The good news is that Ohio law provides several effective options to keep your family out of probate court entirely.

Don't let your family discover too late that your will didn't protect them from the time, expense, and stress of probate. Take action now to put the right tools in place. If you're ready to explore probate-avoidance strategies for your Ohio family, contact our office to discuss your specific situation and goals.