What does an Ohio will require?

A writing, signed at the end by the testator or by another in the testator's conscious presence at the testator's express direction, attested and subscribed in the testator's conscious presence by two or more competent witnesses who saw the testator sign or heard the acknowledgment (R.C. 2107.03). Ohio has no self-proving affidavit: the will is admitted on its face or on the witnesses' testimony (R.C. 2107.18), or on a lifetime judgment declaring it valid (R.C. 5817.10).

What does an Ohio revocable trust require?

Capacity, an intention to create the trust, a definite beneficiary, duties for the trustee, and separate persons as sole trustee and sole beneficiary (R.C. 5804.02); it is revocable unless its terms expressly say it is irrevocable (R.C. 5806.02(A)). While the settlor lives, the trustee's duties — including the duties to inform and report — are owed to the settlor alone, whether or not the settlor has capacity (R.C. 5806.03(A)).

Which one controls after death?

Each controls what it holds: the trust's terms govern property titled to the trustee; the will governs the probate estate. A contest of a trust that became irrevocable at the death 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 will contest within three months of the certificate of notice of its admission (R.C. 2107.76); the surviving spouse elects against the will within five months of the initial appointment (R.C. 2106.01(E)).

Ohio Will vs. Revocable Living Trust: How They Compare

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Ohio will vs. revocable living Trust, at a glance

What matters	Ohio will	Revocable living Trust
When it takes effect	Only at death	During life and at death
Ohio probate	Generally required to take effect	Generally avoided for assets the Trust owns
Privacy	Becomes a public court record	Stays private
If you become incapacitated	Doesn't help — a will operates only at death	A successor Trustee can manage assets for you
Protection from your creditors	No	No — a revocable Trust is not asset protection

Many Ohio plans use both

A revocable living Trust often holds the major assets to avoid probate and plan for incapacity, while a “pour-over” will catches anything left out and names guardians for minor children. Used together, they cover gaps neither closes alone.

Which is right for you in Ohio?

There is no single right answer — it depends on your assets, your family, whether incapacity planning matters to you, and your goals. 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

What does an Ohio will require?: A writing, signed at the end by the testator or by another in the testator's conscious presence at the testator's express direction, attested and subscribed in the testator's conscious presence by two or more competent witnesses who saw the testator sign or heard the acknowledgment (R.C. 2107.03). Ohio has no self-proving affidavit: the will is admitted on its face or on the witnesses' testimony (R.C. 2107.18), or on a lifetime judgment declaring it valid (R.C. 5817.10).
What does an Ohio revocable trust require?: Capacity, an intention to create the trust, a definite beneficiary, duties for the trustee, and separate persons as sole trustee and sole beneficiary (R.C. 5804.02); it is revocable unless its terms expressly say it is irrevocable (R.C. 5806.02(A)). While the settlor lives, the trustee's duties — including the duties to inform and report — are owed to the settlor alone, whether or not the settlor has capacity (R.C. 5806.03(A)).
Which one controls after death?: Each controls what it holds: the trust's terms govern property titled to the trustee; the will governs the probate estate. A contest of a trust that became irrevocable at the death 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 will contest within three months of the certificate of notice of its admission (R.C. 2107.76); the surviving spouse elects against the will within five months of the initial appointment (R.C. 2106.01(E)).

General information about Ohio law, not legal advice.