Probate court proceedings can truly be a nightmare for those who simply want to deal with the traumatic passing of a loved one, get the estate settled, and try to move on with their lives. These proceedings can be costly, confusing and take months or even years to come to a close.

There are, however, methods by which you can avoid probate and greatly expedite the division of assets and the settling of an estate. Explore how to avoid probate in Ohio, including the proper estate planning in advance with the help of a qualified and experienced elder law attorney.

Avoid Probate in Ohio

Probate is the process by which the courts adjudicate the transfer of assets from a deceased person to those who stand to inherit said assets. These processes and be long and contentious, to say nothing of expensive. Families have been torn apart in probate battles. That’s why it’s so important to have the right living trusts, joint ownerships, account designations and transfer rights in place, in advance, to avoid probate in Ohio.

Establishing a Living Trust

Ohio allows the use of a living trust to avoid court. These trusts can be established for everything from bank accounts to real estate and even vehicles. Just about anything you own can be covered in a living trust. The document that establishes such a trust is similar to a will, and designates a person (the trustee) who takes ownership of the property.

Joint Property Ownership

Any property that is owned in partnership with another person doesn’t have to go through probate. This property is simply transferred to the surviving owner through the right of survivorship. In Ohio, joint ownership is usually assigned to properties where there is joint tenancy or married couples who live together. Joint tenancy applies to real estate, bank accounts, vehicles or any other co-owned property, while tenancy by the entirety applies only to real estate, and only that created before mid-1985.

Transfer-on-Death Rights

Bank accounts, securities, real estate and vehicles can also be assigned payable or transfer on death rights. This form of probate avoidance in Ohio allows the owner of property to assign a designation to that property, stating that upon their death it will transfer to a specific heir. There are different methods you need to undertake for each form of transfer, and your attorney can help you decide which is best for you.

Working with an Estate Planning Attorney

Of course, all of this requires the right advance planning. The best way to ensure you avoid probate in Ohio is to work with a qualified, skilled and experienced elder law and estate planning attorney. The right attorney will be able to work with you to set up wills, trusts, transfer-on-death rights, and any other options for taking care of an estate well in advance, so that when you or your loved one passes away, the transfer is smooth.

At Stano Law, we’ve got decades of combined experience helping people deal with all manners of estate and end-of-life planning issues, and we’re ready to help you, too. Give us a call today!