Short answer

Wills do not avoid probate. To keep assets out of probate in Ohio, you generally use beneficiary designations, joint ownership with right of survivorship, transfer-on-death (TOD) deeds for real estate, payable-on-death (POD) designations for accounts, or a revocable living trust. Each method has pros and cons. A will still matters as a backup, but it controls only probate assets and must be probated to operate. For Ohio law on wills, see Ohio Revised Code Chapter 2107: https://codes.ohio.gov/ohio-revised-code/chapter/2107.

Detailed answer — what each tool does and how it affects probate

1. Wills

A will states who should inherit your probate assets and names an executor to handle the estate. However, a will generally requires probate court administration to transfer title to most assets after death. Because a will deals with probate assets, it is not an effective tool by itself to avoid probate. For the text and rules about valid wills in Ohio, see Chapter 2107 of the Ohio Revised Code: ORC Chapter 2107.

2. Beneficiary designations (bank accounts, life insurance, retirement accounts)

Assets that allow a named beneficiary (life insurance, IRAs, 401(k)s, many brokerage and bank accounts with POD/TOD forms) generally pass directly to the named beneficiary outside of probate. Federal law governs some retirement accounts and ERISA plans, and the account contract or insurance policy controls how the funds are paid. Important points:

• Beneficiary designations override instructions in a will for that specific asset. If you name your spouse as beneficiary of your retirement account, the will cannot redirect that account to someone else later.
• Make sure beneficiaries are current. Divorce, remarriage, births and deaths can make older designations produce unintended outcomes.
• Naming a minor as a direct beneficiary can cause practical problems. Consider naming a trust or using a custodian arrangement for minors.

3. Transfer-on-Death (TOD) deed for real estate

Ohio law allows an owner of real property to record a transfer-on-death deed that designates a beneficiary to receive the property on the owner’s death without probate. The official Ohio statute allowing beneficiary deeds starts at ORC 5302.80. See: ORC §5302.80 and related sections for details, form, and requirements.

Key items about TOD deeds:

• The deed must be recorded properly during the owner’s lifetime and follow statutory form and language.
• Until the owner dies, the owner retains full control of the property: they can sell it, refinance it, revoke the TOD deed, or otherwise use the property.
• TOD deeds avoid probate for the parcel covered, but they do not eliminate other legal issues like creditor claims or tax consequences.

4. Joint ownership with right of survivorship

Holding assets as joint tenants with right of survivorship (for example, a home or bank account titled in both spouses’ names with survivorship language) means that when one owner dies, the surviving joint owner automatically owns the asset outright without probate. Benefits and risks:

• Automatic transfer on death—no probate.
• Exposes the asset to the other owner’s creditors and risks (divorce, bankruptcy, creditors).
• Be careful when adding non-spouse joint owners: doing so gives them property rights during life.

5. Revocable living trusts

Placing assets in a revocable living trust (RLT) during life and titling them in the trust’s name can avoid probate because the trust owns the assets and the successor trustee distributes them after death. RLTs require funding (retitling assets) and periodic maintenance. They add cost and complexity up front but avoid probate court after death and can offer privacy and continuity.

6. Small estate options and simplified probate

Ohio provides simplified procedures in some cases for small estates or when specific non-probate transfers are in place. The probate court or county clerk can explain small estate affidavits, simplified filings, or limited administration options that might reduce or eliminate formal probate. Because rules and thresholds can vary or change, check with your local probate court or the Ohio Supreme Court’s public resources: https://www.supremecourt.ohio.gov/.

7. Taxes, creditors, and other limits

Even when assets pass outside probate, they may still be subject to federal income tax, retirement account distribution rules, or creditor claims. Ohio currently does not impose a state estate tax, but federal estate tax rules may apply for large estates. Avoiding probate does not automatically shield assets from valid creditor claims or from being considered in Medicaid eligibility reviews.

Practical example (hypothetical)

Sarah and Alex are married with two children. Their assets:

• House titled in both names.
• Checking and savings at a bank.
• Sarah’s IRA and a life insurance policy.

To avoid probate, they:

1. Recorded a TOD deed naming Alex (then the children as contingent beneficiaries) for the house, following ORC TOD deed rules.
2. Added POD beneficiary designations on their bank accounts so the surviving spouse receives funds immediately.
3. Named Alex as primary and the children as contingent beneficiaries on Sarah’s IRA and life insurance (and reviewed IRA tax implications for beneficiaries).
4. Prepared a simple will that acts as a back-up plan for any assets that remain in their individual names or that have no beneficiary listed.
5. Considered a trust for the children to avoid minor-related distribution problems and to control when children receive their inheritance.

Even with these steps, they scheduled a periodic review to update beneficiary designations after major life events (divorce, births, deaths).

When beneficiary designations and wills conflict

When an asset has a named beneficiary (e.g., life insurance or an IRA), that contract or designation usually governs who receives the asset and is paid before any distribution under a will. That’s why you must coordinate beneficiary forms with your will and other estate plans. If you want different outcomes, change the beneficiary form or retitle the asset.

Common pitfalls to avoid

• Assuming a will controls everything—beneficiary forms and joint titles can override it.
• Failing to update designations after divorce, remarriage, births, or deaths.
• Naming minors as direct beneficiaries without a trust or custodian arrangement.
• Retitling or adding joint owners without understanding creditor or tax exposure.
• Not recording a TOD deed correctly for real estate—improper form or failure to record can invalidate the intended non-probate transfer.

Action checklist — steps to take now in Ohio

1. Inventory all assets and note title and beneficiary status (bank accounts, retirement, life insurance, real estate, vehicles, safe-deposit boxes).
2. Decide who should receive each asset, and whether you want probate to be required for that asset.
3. For real estate you want to avoid probate on, consider a properly drafted and recorded TOD deed under ORC §5302.80: https://codes.ohio.gov/ohio-revised-code/section-5302.80.
4. Update beneficiary designations on retirement accounts, life insurance and bank accounts to match your goals; name contingent beneficiaries if appropriate.
5. Consider a revocable living trust if you want broader probate avoidance with more control; remember that trusts must be funded to work.
6. Prepare a will as a safety net for any assets that remain probate property (see Ohio rules on wills: ORC Chapter 2107).
7. Review your plan after life events or every 3–5 years.

Helpful hints

• Keep a current list of beneficiaries and account numbers in a secure place and tell your executor/trusted family where to find it.
• Don’t assume joint ownership is “free” avoidance—joint titling carries other risks, including exposure to the co-owner’s creditors.
• If you name a minor as a beneficiary, consider a trust or custodial arrangement so money isn’t given outright at age 18.
• Re-check TOD deed wording and recording requirements—if you miss a required step the TOD deed may not work as intended.
• For retirement accounts, consult a tax-aware advisor about distribution strategies for beneficiaries (IRAs and 401(k)s have tax rules that affect heirs).
• Keep your will as a backup even if you use many non-probate devices—some assets may inadvertently remain in your name.