When it comes to estate planning, one of the most common misconceptions we hear at Legacy Law Group is this: “I need a will so my estate avoids probate.” While it’s a well-intentioned thought, it’s unfortunately not accurate - a Will does not avoid probate.

Let’s clear up the confusion and explain what a will actually does—and doesn’t do—when it comes to probate in Ohio and Michigan.

What a Will Actually Does

A Last Will and Testament is a legal document that outlines your wishes for how your assets should be distributed after your death. It also names an executor to carry out those wishes. But here’s the key: a will only takes effect through the probate process.

If your assets are solely in your name, with no joint owner or beneficiary designation, they must go through probate—even if you have a will.

What a Will Does Not Do

A will does not:

• Avoid probate
• Control jointly owned property with rights of survivorship
• Override beneficiary designations on accounts like IRAs, life insurance, or payable-on-death bank accounts
• Govern assets held in a properly funded revocable living trust

In short, a will only controls assets that are subject to probate. If your goal is to avoid probate, a will alone won’t get you there. For more information on why avoiding probate is a goal many people have, read this article: Why Avoiding Probate Matters in Estate Planning

How to Actually Avoid Probate

To avoid probate in Ohio or Michigan, you need to focus on how your assets are owned. Here are some common probate-avoidance strategies:

• Revocable Living Trusts: Assets titled in the name of your trust avoid probate and are distributed privately and efficiently.
• Beneficiary Designations: Accounts with named beneficiaries (like retirement accounts or life insurance) pass directly to those individuals.
• Joint Ownership with Rights of Survivorship: Property owned jointly with survivorship rights passes automatically to the surviving owner.

Learn more in our Estate Planning Checklist.

Why This Matters in Ohio and Michigan

Both Ohio and Michigan have probate systems that can be time-consuming and public. While each state has simplified procedures for smaller estates, most families benefit from avoiding probate altogether—especially when privacy, speed, and cost are concerns.

The Bottom Line

If you want to avoid probate, don’t rely on a will alone. Instead, focus on how your assets are titled and whether they’re coordinated with a comprehensive estate plan. At Legacy Law Group, we help families across Ohio and Michigan design plans that protect hose they love and preserve what they have.

Ready to take the next step? Explore our Estate Planning Services to learn how we can help you build a plan that works.