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Last Modified on Jan 09, 2026
Avoiding probate is a common request for individuals embarking on estate planning. Although probate is a court-supervised system that lawfully administers the estate of a deceased person, it’s not surprising that people want to prevent the time-consuming, costly, and public procedure of probate. Thus, it’s useful to know how to avoid probate in Ohio.
How to Avoid Probate in Ohio
Certain estate planning strategies can be effective for avoiding probate. However, your unique financial situation and distinct set of assets may not fit perfectly into one of the methods listed here. Knowing which option or combination of options is most ideal for your situation will likely require the keen legal sense of a professional probate attorney, such as the one at Hoberg Law, LLC. Some general probate-avoidance methods for estate planning include:
- Joint-titled property. When a property is titled in more than just one name and one of the owners passes away, the property typically has a right of survivorship with joint ownership. This means that the property transfers to the other named owner or owners automatically, without any need for probate or questions of ownership. This is most commonly an option for bank accounts, real estate, and vehicles.
- Transfer-on-death. Also called payable-on-death designations, these types of assets can be automatically transferred to a named beneficiary upon the death of the owner. Different from jointly owned assets, transfer-on-death designations do not allow the named recipient to have ownership while the asset owner is still alive. This option is ideal for bank accounts, brokerage accounts, securities, and, in some cases, real estate.
- Living trust. A living trust is a popular means of estate planning when the asset owner has multiple or large assets. When assets are placed within a trust, when the owner dies, the trustee oversees the distribution of these assets to their beneficiaries, without the need for probate. This is a quick and private option, but it does come at a price. Trusts are more expensive to create and must be maintained.
- Beneficiary designations. Some types of assets can avoid probate if they have named beneficiary designations. This means that the beneficiary automatically receives the asset upon the death of the owner. This is common in such assets as retirement accounts, insurance policies, and some investment accounts. Beneficiary-designated assets override probate and are void of court interference.
- Small estates. If an estate is valued at less than $35,000, it is not required to go through probate. Also, if a spouse is the sole heir of an estate that is valued at less than $100,000, it does not require probate administration. In this type of probate case, a release of administration is granted.
It is possible to save your family from joining the 745 descendants’ estates new case filings that the Warren County Courts of Common Pleas Probate Court Division receives each year. Consequently, you will also save them from having to frequent the Memorial Drive courthouse in Lebanon, where they would file their probate case. Hire a probate lawyer who knows Ohio probate laws and can advise you on how to avoid probate.
Hire a Probate Lawyer in Mason
There are many options out there for a probate attorney, but none are as honest and straightforward as Hoberg Law, LLC. Our interest is in Mason residents and those of Warren County, the “Incredible County.” If you would like a consultation regarding avoiding probate for your assets, contact our office to schedule an appointment and meet with our probate attorney.
