Probate is the legal process by which a court validates your will and oversees the administration of your estate after death. This includes paying outstanding debts and taxes and ensuring your assets are distributed according to your wishes. In Ohio, probate can be time-consuming, public, and costly, especially for larger estates. Fortunately, several estate planning strategies can help you avoid the probate process and ease the burden on your loved ones.
If you live in Montgomery or nearby areas, an experienced estate planning attorney can help you understand your options and create a customized plan that protects your privacy and legacy.
What Happens During the Probate Process?
While avoiding probate is often desirable, it’s helpful to understand how probate works in Ohio. If someone dies without a will (intestate), probate ensures their assets are distributed under state law. When there is a will, the probate court confirms its validity and authorizes the named executor to carry out the estate’s instructions.
Here are the basic steps in the Ohio probate process:
Filing With the Court: The executor files the will and death certificate with the local probate court. The will becomes public record.
Will Validation: The court reviews the will to confirm it meets Ohio’s legal requirements.
Executor Appointment: The court formally appoints the personal representative (executor). If no will exists, the court names an administrator.
Estate Administration: The executor must notify interested parties, gather and appraise assets, pay valid debts and taxes, and distribute remaining assets to beneficiaries.
Closing the Estate: The executor submits a final accounting showing how all debts were paid and how the assets were distributed. The court reviews and approves this before officially closing the estate.
What Can I Do to Avoid Probate in Ohio?
Montgomery-area residents have several effective tools available to bypass probate and protect their loved ones from unnecessary delays or expenses:
1. Create a Revocable Living Trust
A revocable living trust allows you to transfer ownership of assets—such as real estate, financial accounts, or personal property—into a trust during your lifetime. You can serve as the trustee and manage the trust as you see fit. Upon your death, a successor trustee takes over and distributes the assets according to your instructions. Because the trust—not you—legally owns the assets, they avoid probate.
2. Use Joint Ownership with Right of Survivorship
Property owned jointly with right of survivorship automatically passes to the surviving owner upon your death. This method avoids probate entirely. Common examples include:
Joint Tenancy With Right of Survivorship: Any property or account set up this way will transfer directly to the co-owner.
Tenancy in Common: This form does not avoid probate unless survivorship rights are specifically included, so it should be used with caution in estate planning.
Note: Ohio does not recognize tenancy by the entirety or community property with right of survivorship, which are available in other states.
3. Designate Beneficiaries on Your Accounts
Beneficiary designations allow assets to transfer directly without court involvement:
Transfer-on-Death (TOD): Ohio allows TOD designations for real estate, vehicles, stocks, and bonds. Upon your death, ownership passes directly to the named beneficiary without probate.
Payable-on-Death (POD): POD designations can be added to bank accounts such as savings or CDs. Your beneficiary can claim the funds immediately after your death.
These tools are simple and cost-effective ways to keep certain assets out of probate.
Does Avoiding Probate Affect My Taxes or Debts?
Avoiding probate does not eliminate tax obligations or debts. For example:
Federal estate taxes may apply to estates over the federal exemption limit ($13.61 million in 2024).
Ohio does not have a state estate tax or inheritance tax.
Federal gift tax rules still apply to large lifetime gifts.
Creditors can still make claims on your estate, even if assets transfer outside of probate.
Certain family members—such as a spouse or minor children—may still have legal rights to a portion of your estate, regardless of probate status.
That’s why it’s critical to work with a knowledgeable estate planning attorney who can coordinate your strategies in a legally sound way.
What Are Some Tips for Avoiding Probate in Montgomery, Ohio?
Here are a few practical steps for residents of Montgomery, Blue Ash, and surrounding communities:
Keep beneficiary designations current on all financial accounts, retirement plans, and life insurance policies.
Set up a revocable living trust to manage complex or high-value estates.
Use TOD and POD designations for eligible assets in Ohio.
Title property with survivorship rights when shared with a spouse or partner.
Consult with an estate planning attorney to ensure your plan complies with Ohio law and aligns with your goals.
Plan Ahead With a Montgomery Probate Lawyer
Avoiding probate is possible with proactive estate planning. Whether you’re looking to preserve privacy, reduce expenses, or streamline the inheritance process for your loved ones, having a strong legal strategy in place makes all the difference.
Talk to Our Montgomery Probate Lawyers at Wolterman Law Office
If you want to learn more or need help creating a detailed estate plan, contact the Montgomery probate lawyers at Wolterman Law Office. Call us at 513-224-5191 or contact us online to schedule a free consultation. With offices in Loveland and Blue Ash, Ohio, we proudly serve clients throughout Hamilton County, Fairfield, Norwood, and Forest Park.