Is an Ohio trust revocable by default?

Yes, for an instrument executed on or after January 1, 2007: unless the terms expressly provide that the trust is irrevocable, the settlor may revoke or amend it (R.C. 5806.02(A)) — by the instrument's method or, where it provides none, by any method showing the settlor's intent by clear and convincing evidence, but not by a will or codicil unless the terms allow it (R.C. 5806.02(C)).

Who does the trustee answer to while the settlor is alive?

The settlor alone. During the settlor's lifetime, whether or not the settlor has capacity to revoke, the beneficiaries' rights are subject to the settlor's control and the trustee's duties, including the duties to inform and report under R.C. 5808.13, are owed exclusively to the settlor (R.C. 5806.03(A); R.C. 5808.13(G)). An agent under a power of attorney may exercise the settlor's powers over the trust only to the extent both the power of attorney and the trust's terms expressly authorize (R.C. 5806.02(E)).

What happens to a revocable trust when the settlor dies?

It becomes irrevocable; within 60 days after the trustee acquires knowledge of that, the trustee notifies the current beneficiaries of the trust's existence, the settlor's identity, the right to request a copy of the instrument and the right to a trustee's report (R.C. 5808.13(B)(3)); the trustee reports at least annually (R.C. 5808.13(C)); a contest is commenced by the earlier of two years after the death or six months after a contest notice is sent (R.C. 5806.04(A)); and the trust code has no clause making the trust answer for the deceased settlor's debts — the estate's creditors present their claims within six months (R.C. 2117.06).

The Ohio Revocable Living Trust, Explained

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What a revocable living Trust is

A revocable living Trust is a legal arrangement you create during your life and can change or revoke at any time. You typically serve as your own Trustee while you're able, so day-to-day life doesn't change — but the Trust, not you personally, holds title to the assets you transfer into it.

What it does well in Ohio

Avoids probate for the assets the Trust owns, so they pass to your beneficiaries privately and without court administration.
Plans for incapacity — if you can't manage your affairs, your named successor Trustee steps in without a court guardianship.
Keeps your affairs private — unlike a will, a Trust is generally not filed in the public court record.
Lets you stay in control — you can amend or revoke it anytime while you have capacity.

What a revocable living Trust does NOT do

Because you keep full control, a revocable living Trust does not protect your assets from your own creditors, and it does not by itself reduce estate taxes. It is an administration and probate-avoidance tool — not asset protection. Protecting assets is a separate, fact-specific question for a Ohio attorney.

The step people miss: funding the Trust

A Trust only avoids probate for assets actually transferred into it — retitling accounts and property into the Trust's name. An unfunded Trust does little; this is why a “pour-over” will is used as a backstop, and why funding is worth reviewing with a Ohio attorney.

Is a revocable living Trust right for you in Ohio?

There is no single right answer — it depends on your assets, your family, and your goals, and many plans pair a Trust with a will and directives. This page is general information, not legal advice. A free role check can show you where you stand, and a Ohio attorney can recommend what fits your situation.

General information about Ohio law, not legal advice.

Frequently asked questions

Is an Ohio trust revocable by default?: Yes, for an instrument executed on or after January 1, 2007: unless the terms expressly provide that the trust is irrevocable, the settlor may revoke or amend it (R.C. 5806.02(A)) — by the instrument's method or, where it provides none, by any method showing the settlor's intent by clear and convincing evidence, but not by a will or codicil unless the terms allow it (R.C. 5806.02(C)).
Who does the trustee answer to while the settlor is alive?: The settlor alone. During the settlor's lifetime, whether or not the settlor has capacity to revoke, the beneficiaries' rights are subject to the settlor's control and the trustee's duties, including the duties to inform and report under R.C. 5808.13, are owed exclusively to the settlor (R.C. 5806.03(A); R.C. 5808.13(G)). An agent under a power of attorney may exercise the settlor's powers over the trust only to the extent both the power of attorney and the trust's terms expressly authorize (R.C. 5806.02(E)).
What happens to a revocable trust when the settlor dies?: It becomes irrevocable; within 60 days after the trustee acquires knowledge of that, the trustee notifies the current beneficiaries of the trust's existence, the settlor's identity, the right to request a copy of the instrument and the right to a trustee's report (R.C. 5808.13(B)(3)); the trustee reports at least annually (R.C. 5808.13(C)); a contest is commenced by the earlier of two years after the death or six months after a contest notice is sent (R.C. 5806.04(A)); and the trust code has no clause making the trust answer for the deceased settlor's debts — the estate's creditors present their claims within six months (R.C. 2117.06).

General information about Ohio law, not legal advice.