What Does It Take to Make an Estate Plan in Ohio?
What Does It Take to Make an Estate Plan in Ohio?
Estate planning is not just for the wealthy or elderly. Under Ohio law, any adult can—and should—have a plan in place to protect loved ones, prepare for incapacity, and ensure assets are distributed according to their wishes.
What Is an Estate Plan Under Ohio Law?
An estate plan is a coordinated set of legal documents designed to:
- Direct how property is distributed after death
- Appoint trusted individuals to make financial and medical decisions during incapacity
- Provide clarity and authority under Ohio probate and guardianship laws
There is no single statute titled “estate plan.” Instead, Ohio estate planning is governed by multiple chapters of the Ohio Revised Code, each addressing a specific function.
Core Estate Planning Documents in Ohio
1) Last Will and Testament (Ohio Revised Code Chapter 2107)
A will governs how probate assets are distributed and allows you to name an executor and (if applicable) nominate a guardian for minor children.
Ohio’s basic validity rules for wills appear in R.C. 2107.02 (execution requirements) and R.C. 2107.03 (competency/age). In plain terms, a valid will must be in writing, signed, and witnessed by two competent individuals.
2) Durable Financial Power of Attorney (R.C. Chapter 1337)
A durable financial power of attorney allows someone you trust to manage financial matters if you become unable to act. Ohio’s Uniform Power of Attorney Act is codified at R.C. 1337.21–1337.64, which addresses scope of authority, agent duties, and related requirements.
Without this document, families sometimes must pursue court-supervised guardianship under R.C. Chapter 2111.
3) Health Care Power of Attorney (R.C. 1337.11–1337.17)
A health care power of attorney appoints a person to make medical decisions if you cannot communicate your wishes. Ohio authorizes health care powers of attorney under R.C. 1337.11–1337.17.
4) Living Will / Declaration (R.C. Chapter 2133)
A living will (referred to as a “declaration” in Ohio statutes) expresses your wishes regarding life-sustaining treatment in terminal or permanently unconscious conditions. Ohio’s living will framework is in R.C. 2133.01–2133.26.
Additional Estate Planning Tools
Revocable Living Trust (Ohio Trust Code: R.C. Chapters 5801–5811)
A revocable living trust may help avoid probate for assets titled in the trust, provide privacy, and allow continuity of management. Trust governance in Ohio is largely addressed in the Ohio Trust Code (R.C. Chapters 5801–5811).
Important: creating a trust is only part of the process—assets typically must be retitled into the trust to achieve many benefits.
HIPAA Authorization
HIPAA authorizations are often used alongside health care documents to help loved ones obtain medical information when appropriate. (HIPAA is federal law, so this is not tied to a single Ohio Revised Code section.)
Beneficiary Designations and Non-Probate Transfers
Some assets pass outside of probate and can override conflicting provisions in a will. Ohio law recognizes various non-probate transfers, including under R.C. 2131.10.
Common examples include:
- Life insurance
- Retirement accounts (401(k)s, IRAs)
- Payable-on-death bank accounts
Ohio also permits Transfer on Death (TOD) deeds for real estate under R.C. 5302.22–5302.23, allowing property to pass directly to named beneficiaries without probate in many situations.
Ohio-Specific Estate Planning Considerations
- Ohio does not impose a state estate tax.
- Probate court jurisdiction and administration generally flow through R.C. Chapter 2101.
- Guardianship proceedings are court-supervised (see R.C. Chapter 2111) and can often be avoided with proper planning.
- Federal estate tax may apply to very large estates.
How Long Does Estate Planning Take?
A straightforward Ohio estate plan can often be completed within one to three weeks, depending on complexity and responsiveness. Online templates exist, but documents that are not properly executed or coordinated can lead to delays, disputes, or outcomes that don’t match your intent.
Do You Need an Estate Planning Attorney in Ohio?
Ohio law does not require an attorney to create estate planning documents, but legal guidance is strongly recommended if you have:
- Minor children
- Real estate holdings
- Business interests
- Blended families
- Potential family conflict
Ready to start your Ohio estate plan?
If you’re considering estate planning, a brief conversation can help you understand which documents fit your goals and how Ohio law applies.
Disclaimer: This article is for general informational purposes and does not constitute legal advice.
Frequently Asked Questions About Estate Planning in Ohio
Do I need an estate plan if I don’t have a lot of assets?
Yes. Estate planning is about control and authority, not just wealth. Many people benefit from a will under R.C. Chapter 2107 and powers of attorney under R.C. Chapter 1337, even with modest assets.
What happens if I die without a will in Ohio?
If you die without a will, Ohio’s intestacy rules control who inherits, generally under R.C. Chapter 2105. A will allows you to override many default outcomes and name decision-makers.
Does Ohio require probate?
Probate is often required unless assets pass outside probate (for example, by beneficiary designation or trust). Probate court jurisdiction is generally addressed in R.C. Chapter 2101. Ohio also permits Transfer on Death deeds for real estate under R.C. 5302.22–5302.23.
What’s the difference between a will and a trust in Ohio?
A will controls probate assets and takes effect at death. A revocable living trust—governed by the Ohio Trust Code (R.C. Chapters 5801–5811)— can help avoid probate for properly titled assets and provide continuity during incapacity.
Are handwritten or oral wills valid in Ohio?
Ohio does not recognize oral wills. A will generally must comply with Ohio’s execution rules in R.C. 2107.02, including being in writing, signed, and witnessed by two competent individuals.
What happens if I become incapacitated without powers of attorney?
Without powers of attorney, loved ones may need court-appointed guardianship under R.C. Chapter 2111. Durable financial powers of attorney are governed by R.C. 1337.21–1337.64, and health care powers of attorney are authorized by R.C. 1337.11–1337.17.
What is a durable power of attorney in Ohio?
It’s a document allowing an agent to handle financial matters, with durability meaning authority can continue during incapacity. Ohio’s rules are largely in R.C. 1337.21–1337.64.
What is a health care power of attorney in Ohio?
It appoints an agent to make medical decisions if you can’t. Ohio authorizes this under R.C. 1337.11–1337.17.
Is a living will the same as a health care power of attorney?
No. A living will (declaration) states end-of-life wishes and is governed by R.C. Chapter 2133. A health care power of attorney appoints an agent to make medical decisions more broadly under R.C. 1337.11–1337.17.
Do beneficiary designations override a will in Ohio?
Often, yes. Many non-probate transfers are recognized under R.C. 2131.10, and Transfer on Death deeds for real estate are permitted under R.C. 5302.22–5302.23. Coordinating designations with your plan is critical.
Does Ohio have an estate tax?
Ohio does not impose a state estate tax. Federal estate tax may apply to very large estates, depending on current federal thresholds.
When should I update my Ohio estate plan?
Review your plan after major life events (marriage/divorce, birth/adoption, death of a decision-maker, major asset changes, or relocation). Even without changes, periodic reviews help ensure documents and designations still match your goals.
*Disclaimer: The advice provided is for informational purposes and is not intended as legal advice. It should not be relied on, nor construed as creating an attorney-client relationship.