What kinds of trusts does Ohio law recognize?

Express trusts created by transfer, declaration, the exercise of a power of appointment or a court order (R.C. 5804.01); revocable and irrevocable trusts (R.C. 5806.02); spendthrift trusts (R.C. 5805.01); the wholly discretionary trust (R.C. 5801.01(Y), 5805.03); charitable trusts (R.C. 5804.05); trusts for the care of an animal and other noncharitable purposes (R.C. 5804.08, 5804.09); testamentary trusts under the probate court (R.C. 2109.69); and the legacy trust of Chapter 5816 (R.C. 5816.07).

What is a wholly discretionary trust?

An irrevocable trust whose distributions to a beneficiary may or shall be made only at the trustee's discretion, described as sole, absolute or uncontrolled, with no standards to guide it and no withdrawal power, where the beneficiary is not the settlor or a trustee (R.C. 5801.01(Y)); no creditor or assignee of such a beneficiary may reach the interest or a distribution before receipt (R.C. 5805.03), and a court applies no reasonableness review to the trustee's distribution decisions (R.C. 5808.14(A)).

Does Ohio have a directed trust act?

Not on the capture date: Ohio's current law is R.C. 5815.25 — an administrative fiduciary confined to administrative duties, and an excluded fiduciary not liable for a loss from compliance with an authorized direction of the grantor, a committee or another person — and R.C. 5808.08, under which the holder of a power to direct is presumptively a fiduciary. H.B. 446 of the 136th General Assembly, which would add a directed trust chapter, passed the House in May 2026 and was pending in the Senate; it is not law.

Types of Trusts in Ohio

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Common types of Trusts in Ohio

Revocable living Trust

Created during life and changeable anytime; commonly used to avoid probate and plan for incapacity. You keep control — so it is not asset protection.

Irrevocable Trust

Generally can't be changed or revoked once created; you give up control in exchange for benefits some irrevocable Trusts can offer, such as certain tax or planning goals. Fact-specific — for an attorney to design.

Testamentary Trust

Created by your will and funded only after death, through probate. Useful for leaving assets to minors or in stages.

Special needs (supplemental needs) Trust

Holds assets for a beneficiary with disabilities without disrupting needs-based public benefits like Medicaid or SSI, when properly drafted.

Spendthrift Trust

Includes a spendthrift provision that restrains a beneficiary's ability to transfer their interest and limits some creditors' reach (R.C. 5805.01), within limits.

Charitable Trust

Benefits a charitable purpose; certain forms can combine giving with income or tax planning. Design and compliance are an attorney/advisor matter.

Trust for a pet

A Ohio trust for the care of an animal alive during the settlor's lifetime, which the Ohio Trust Code provides for (R.C. 5804.08); it ends when no covered animal is living.

Which type of Trust fits your goals?

Trusts are tools — the right one (if any) depends entirely on your goals, your family, your assets, and tax considerations. This page is general information, not legal advice. A free role check can show you where you stand, and a Ohio attorney can design what fits your situation.

General information about Ohio law, not legal advice.

Frequently asked questions

What kinds of trusts does Ohio law recognize?: Express trusts created by transfer, declaration, the exercise of a power of appointment or a court order (R.C. 5804.01); revocable and irrevocable trusts (R.C. 5806.02); spendthrift trusts (R.C. 5805.01); the wholly discretionary trust (R.C. 5801.01(Y), 5805.03); charitable trusts (R.C. 5804.05); trusts for the care of an animal and other noncharitable purposes (R.C. 5804.08, 5804.09); testamentary trusts under the probate court (R.C. 2109.69); and the legacy trust of Chapter 5816 (R.C. 5816.07).
What is a wholly discretionary trust?: An irrevocable trust whose distributions to a beneficiary may or shall be made only at the trustee's discretion, described as sole, absolute or uncontrolled, with no standards to guide it and no withdrawal power, where the beneficiary is not the settlor or a trustee (R.C. 5801.01(Y)); no creditor or assignee of such a beneficiary may reach the interest or a distribution before receipt (R.C. 5805.03), and a court applies no reasonableness review to the trustee's distribution decisions (R.C. 5808.14(A)).
Does Ohio have a directed trust act?: Not on the capture date: Ohio's current law is R.C. 5815.25 — an administrative fiduciary confined to administrative duties, and an excluded fiduciary not liable for a loss from compliance with an authorized direction of the grantor, a committee or another person — and R.C. 5808.08, under which the holder of a power to direct is presumptively a fiduciary. H.B. 446 of the 136th General Assembly, which would add a directed trust chapter, passed the House in May 2026 and was pending in the Senate; it is not law.

General information about Ohio law, not legal advice.