Estate Planning in Ohio: A Complete Guide

Does Ohio have a state estate tax?

No — Ohio eliminated its state estate tax in 2013. The federal estate tax applies only to estates exceeding $13.61 million (2024). Ohio also has no state inheritance tax.

How does Ohio probate work?

Ohio probate is handled through Probate Court in each county. Ohio has a relatively efficient probate process, typically 6–12 months for straightforward estates. Small estates under $35,000 can use a summary release from administration. Revocable trusts effectively avoid Ohio probate.

Can Ohio residents use a transfer-on-death deed?

Yes — Ohio's Transfer on Death Designation Affidavit allows real property to be transferred to designated beneficiaries at death without probate. The affidavit must be recorded in the county recorder's office before death. It's revocable at any time.

What are Ohio's laws on joint and survivorship accounts?

Ohio has specific laws governing survivorship accounts. A joint and survivorship account passes to the surviving account holder automatically, bypassing probate. However, 'joint' accounts (without survivorship language) are treated differently — clarify account type with your bank.

What happens to my Ohio real estate if I die without a will?

Under Ohio's intestacy laws, your real property passes to your spouse (if living) and/or descendants in a statutory order set by Ohio law—not to your parents, siblings, or the state. If you're married with children, your spouse typically receives one-third to one-half, with the remainder to your children. Without a will or trust, your estate will go through Ohio probate court, which is more supervised than in many states and may take 9–18 months, during which time creditors can make claims and legal fees accumulate.

Does Ohio Medicaid require my estate to repay long-term care costs after I die?

Yes—Ohio Department of Job and Family Services (ODJFS) has an estate recovery program that can place a lien on your real property to recover Medicaid costs paid for nursing home or assisted living care for beneficiaries over age 55. This means your heirs may lose part of your home value or be required to sell property to satisfy the claim, unless you plan ahead with tools like a Medicaid-compliant trust or irrevocable life insurance trust.

Can I name a beneficiary on my Ohio vehicle title to avoid probate?

Yes—Ohio allows beneficiary designations (called a 'transfer on death' registration) on vehicle titles through the Ohio Bureau of Motor Vehicles. When you register or renew your vehicle, you can designate a beneficiary who automatically receives the car at your death without probate, similar to a bank account beneficiary designation. This is a simple, cost-free way to keep your vehicle out of probate court.