Once you understand what probate is and why so many people try to avoid it, the next step is learning how to bypass it. In Ohio, there’s no single “magic form” that keeps your estate out of probate — instead, there are several tools you can use, often in combination, to ensure your assets pass directly to your beneficiaries without court involvement.
1. Create and Fund a Revocable Living Trust
A revocable living trust is one of the most effective probate-avoidance tools available in Ohio. You transfer ownership of your assets into the trust while you’re alive and continue to manage them as the trustee. Upon your death, your successor trustee distributes the assets to your beneficiaries without court supervision.
Key point: A trust only works if it’s properly funded. That means retitling property, bank accounts, and investments in the trust’s name — a step many people forget.
2. Use Transfer-on-Death (TOD) and Payable-on-Death (POD) Designations
Ohio law allows you to name a beneficiary directly on certain assets, such as bank accounts, brokerage accounts, and even vehicles and real estate.
• POD (Payable-on-Death): Commonly used for bank accounts.
• TOD (Transfer-on-Death): Available for investment accounts, vehicles, and real estate (via a TOD deed filed with your county recorder).
When you pass away, ownership transfers directly to the named beneficiary, bypassing probate entirely.
3. Take Advantage of Joint Ownership with Right of Survivorship
If you own property jointly with another person and have “right of survivorship” language in the title, the surviving owner automatically inherits your share when you pass. This works well for spouses on a primary residence or joint bank account.
Caution: Joint ownership can create risks if the other owner runs into financial or legal trouble, so use this strategy carefully.
4. Keep Beneficiary Designations Up to Date
Life insurance policies, retirement accounts, and annuities allow you to name beneficiaries directly. This simple step keeps these assets out of probate — but only if you keep them current. Outdated designations (such as an ex-spouse or deceased beneficiary) can create delays, disputes, or even force assets into probate.
5. Use Lifetime Gifting
Ohio has no gift tax, and the federal gift tax exemption is high enough that most people can give significant assets away during their lifetime without tax consequences. By gifting assets before death, you reduce the size of your probate estate. Just be aware of potential Medicaid look-back rules if you might need long-term care in the future.
6. Consider Relief from Administration for Small Estates
If your Ohio estate is small enough — under $35,000, or under $100,000 if your spouse is the sole heir — it may qualify for a simplified probate process called Relief from Administration. While this still involves the court, it’s much faster and less costly than full probate.
Bottom Line
Avoiding probate in Ohio usually means combining several strategies that fit your assets, family situation, and goals. The right mix might include a living trust for real estate and investments, POD/TOD designations for accounts, and updated beneficiary forms for retirement plans and insurance. By planning ahead and reviewing your plan regularly, you can help ensure your estate transfers smoothly and privately — without the delays, costs, and public exposure of probate.
Ohio law offers several strategies to keep your estate out of probate—but the key is putting the right plan in place now. From beneficiary designations to living trusts, the right approach can save your family time, money, and stress. Call Krugler Law at 513-916-1600 today to schedule your consultation and learn which probate-avoidance strategies fit your situation best, so your loved ones are cared for and your wishes are honored.