Ohio State Specific Information

Will, Trust, Power of Attorney, and Estate Planning

Official state laws:

  • Ohio Revised Code Annotated
  • Probate jurisdiction rests with the Court of Common Pleas
  • Probate laws are primarily under Title 21 (XXI)

Minimum age requirement to:

  • Distribute property by will: 18 (Section 2107.02)
  • Which minor gets property: 18 to 21

Holographic will NOT recognized (No Section exists)

State taxes:

  • Estate tax: Up to 7% but not less than any federal credit for state death taxes (Section 5731.02)
  • State gift tax:Inheritance tax: No inheritance tax (Section 5731.02)
    • No state gift tax (Section 5731.02)
    • Anatomical Gift Act (Section2108.09)
  • Inheritance tax: No inheritance tax (Section 5731.02) 

Default rules: How property is distributed if there is no will, i.e. laws of intestate succession: (Section 2105.06)

  • No surviving spouse, but there are surviving children:
    • All of the estate goes to the surviving children split equally among them or to their children in accordance to their per stirpes share
  • Surviving spouse and
    • Children of surviving spouse:
      • All of your estate will pass to your spouse
      • Children not of the surviving spouse (for example your children from a previous marriage):
        • If only one surviving child, then $200,000 and one-half (1/2) of your estate to the surviving spouse, and the other one-half (1/2) to your surviving child or to their children according to their per stirpes share
        • If there is more than one surviving child, then $200,000 and one-third (1/3) of the balance of your estate to your spouse, and the other two-thirds (2/3) to your children or to their children in accordance to their per stirpes share
        • No children and both of your parents of deceased:
          • All of your estate will pass to your spouse
        • No children, but at least one of your parents survives you:
          • All of your estate will pass to your spouse
  • At least one parent survives you, but no surviving spouse or children:
    • All of your estate will pass to your surviving parents equally
  • No spouse, children, or parents:
    • Siblings (brothers and sisters) equally or to their children in according to their per stirpes share. If none, then one-half (1/2) to maternal grandparents and the other one-half (1/2) to paternal grandparents. If none, then to your next of kin

Who must be named as a beneficiary in your will:

  • Surviving spouse (Section 2107.34), andChildren, born or adopted (Section 2106.01)
    • Surviving spouse must be given either:
      • If there are one or no children, then the surviving spouse gets one-half (1/2) of your estate; see statute for details (Section 2106.01)
      • If there are two or more children, then the surviving spouse gets one-third (1/3) of your estate; see statute for details (Section 2106.01)
  • Children, born or adopted (Section 2106.01)

Effects of changes in your marital status on your will:

  • You are divorced from the surviving spouse:
    • Revokes will as to divorced spouse (Section 2107.33)
  • You get married without changing your will that does not provide for your new spouse:
    • Does not revoke will (Section 2107.37)

Out of state executors: Must be related by blood, marriage, or adoption by the person making the will or is from a state that allows nonresidents to serve as out of state executors (Section 2109.21)

Witnesses:

  • Minimum number of witnesses required: Two (Section 2107.03)
  • Are witnesses allowed to be beneficiaries?: Yes; however, any beneficiary named in the will who is also a witness, then the portion of the will to the witness beneficiary will be void over any amount greater than the share the witness beneficiary would be entitled to under state intestate law, unless there are two other disinterested witnesses  (Section 2107.15)
  • Requirements to be a witness, witnesses must:
    • be at least 18 years of age or a notary public,
    • not be related to you by blood, adoption, or marriage, and
    • not your doctor or administrator of a nursing home where you receive treatment

Property ownership (Sections 5302.19 and 5302.20):

  • Common law state
  • Bank account deposits held jointly are payable to any survivor named in the bank account
  • Tenancy by the entirety is recognized in this state
  • Tenancy in common and joint tenancy are recognized, but joint tenancy must be expressly and clearly stated

Other types of wills:

  • Self-proving wills recognized: No, not recognized.
  • Living will: Living Will Declaration (Section 37-2133-04) requires a determination by two physicians that you are in a terminal condition, there is no reasonable possibility you will regain the ability to make your own health care decisions, and death will result without life-sustaining medical care
  • Power of Attorney for Health Care (Section 1337-12)
  • Durable Power of Attorney (Section 1337-01)