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A will alone guarantees probate for every asset titled solely in your name (no beneficiary or joint owner). A properly funded revocable living trust completely avoids probate, provides seamless management if you become incapacitated, keeps your affairs private, and allows detailed succession planning (e.g., staggered distributions to children, protection from creditors/divorce). In Ohio, trusts are especially valuable if you own real estate, have minor/special needs beneficiaries, blended families, or simply want to spare your family the delay and expense of probate court.
es—Ohio’s Transfer-on-Death designation affidavit (ORC § 5302.22) is one of the simplest and least expensive ways to avoid probate on real estate. You record the TOD deed at your county recorder’s office (usually $100–$250 in fees), keep full ownership and control while you’re alive, and the property passes instantly to your named beneficiaries when you die—no probate required. TOD deeds work extremely well for clients whose primary goal is simply avoiding probate on their home. On simple estates most assets can be transferred TOD and this will keep the costs down by avoiding the increased costs of a revocable Trust. Most of our clients with larger estates or minor beneficiaries combine a TOD deed with a revocable trust for maximum flexibility and protection. Please contact out office to determine the best and lowest cost plan.
Basic estate planning (last will, financial power of attorney, healthcare power of attorney, living will) for an individual typically ranges $600–$1,000. A full revocable living trust package (trust, pour-over wills, powers of attorney, deeds to fund the trust, etc.) usually runs $2,800–$5,500 depending on complexity and whether you own real estate in multiple counties. More advanced planning involving Medicaid trusts, cabin/cottage trusts, or tax-planning trusts is custom-quoted. We offer flat-fee pricing with no hidden costs and a free initial consultation so you know the exact investment before you commit.
Yes—when done correctly and in advance. Ohio follows the federal 60-month (5-year) lookback rule. Assets transferred into a properly drafted irrevocable Medicaid Asset Protection Trust (MAPT) more than 5 years before applying for long-term care are protected and do not count against eligibility. Other tools include converting countable assets into exempt assets (primary residence up to ~$713,000 equity in 2025, one car, prepaid funeral expenses, Medicaid-compliant annuities, personal care agreements with family members, etc.). Crisis planning is still possible even inside the 5-year window, though options are more limited. Medicaid nursing home care in Ohio now averages $9,000–$12,000+ per month, so protecting even part of your estate can save hundreds of thousands for your spouse or children. Our attorneys specialize in both advance and crisis Medicaid planning.
Probate in Ohio is the court-supervised legal process to validate a deceased person’s will (if one exists), pay their debts and taxes, and distribute remaining assets to heirs or beneficiaries under Ohio Revised Code Chapter 2107. It applies to “probate property” like solely owned real estate, bank accounts without beneficiaries, or personal items not jointly held. Non-probate assets (e.g., joint accounts, life insurance with named beneficiaries, or Transfer-on-Death designations) bypass this entirely. The process ensures creditors are notified and paid within six months of appointment, protecting heirs from liability. Our firm guides executors through every step to minimize stress and delays.
Probate costs in Ohio average 3–7% of the estate’s gross value, including court filing fees ($200–$400 initial deposit), attorney fees (1.5-4.5% statutory schedule depending on estate values), executor commissions (4% on first $100,000, 3% on next $300,000, 2% over $400,000 per Ohio Rev. Code § 2113.36), appraisals ($500–$2,000), and accounting/tax prep ($1,000+). For a $500,000 estate, expect $15,000–$35,000 total; tiny estates under $5,000 may cost just $500–$1,500 via summary release. These are paid from estate assets before distribution. We offer flat-fee probate options to control costs—schedule a consultation with our Ohio probate lawyers today.
The probate process in Ohio typically takes 6–12 months for straightforward estates but can extend to 18–24 months or longer if disputes arise, real estate appraisals are needed, or taxes are complex (Ohio Rev. Code § 2117.06). It starts with filing the will in the county probate court where the decedent lived, appointing an executor (1–4 weeks), inventorying assets (up to 3 months), paying claims (minimum 6 months creditor period), and final distribution. Smaller estates under $5,000 qualify for a fast summary release (1–2 months). Contested wills add 6–12 months for hearings. Our firm tries to streamline Ohio probate timelines contact us for a free estate assessment.
Avoiding probate in Ohio saves time, privacy, and 3–7% in fees by transferring assets outside court under Ohio Rev. Code § 5302.22 and § 2131.10. Key strategies include:
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