At Legacy Law Group, we help families create estate plans that protect their loved ones and preserve their legacies. One of the most common goals we hear from clients is the desire to avoid probate. But what exactly is probate, and why does avoiding probate matter?

What Is Probate?

Probate is the legal process through which a deceased person’s probate assets are administered. This includes validating a will (if one exists), appointing an executor or administrator, paying debts and taxes, and distributing the remaining assets to heirs or beneficiaries.

Only certain assets are subject to probate. These include property titled solely in the decedent’s name without a designated beneficiary. Assets such as jointly owned property with rights of survivorship, assets held in trust, and accounts with payable-on-death (POD) or transfer-on-death (TOD) designations typically bypass probate.

Why Do So Many People Want to Avoid Probate?

There are three primary reasons for planning to avoid probate:

1. Cost

Probate can be expensive. In Ohio, attorney and executor fees are often based on a percentage of the gross value of the estate - not the net value. For example, if an estate includes a home worth $100,000 with a $90,000 mortgage, fees are still calculated on the full $100,000. These fees can total 6% to 7% of the estate’s value, significantly reducing what beneficiaries ultimately receive.

2. Lack of Privacy

Probate is a public process. Once an estate is opened in probate court, the will, inventory of assets, list of heirs and beneficiaries, and final accounting become part of the public record. Anyone can access this information. For families who value discretion, this lack of privacy can be unsettling.

3. Time and Complexity

Probate in Ohio typically takes six months to a year, and sometimes longer. The process involves multiple filings, court hearings, and legal notices. Executors must follow strict procedures and deadlines, which can be overwhelming, especially during a time of grief.

How to Avoid Probate in Ohio

There are several legal strategies to avoid probate in Ohio, including:

• Revocable Living Trusts – Assets owned by a trust avoid probate and are distributed privately and efficiently.
• Joint Ownership with Right of Survivorship – Property passes directly to the surviving owner.
• POD and TOD Designations – Bank accounts, securities, and even real estate can be transferred directly to beneficiaries.
• Beneficiary Designations – Life insurance, retirement accounts, and annuities can pass outside probate when beneficiaries are named.

Let Legacy Law Group Help You Plan Ahead

Avoiding probate isn’t just about saving money, it’s about protecting your loved ones from unnecessary stress, delays, and public exposure. At Legacy Law Group, we work with you to help create customized estate plans that reflect your values and goals while minimizing the burden on your loved ones.

Contact us today to schedule your initial estate planning appointment to learn how we can help you avoid probate and secure your legacy.