How to Create a Living Trust in Ohio

In Ohio, setting up a living trust involves several key steps, including selecting a trustee, determining which assets to include, and drafting the trust document in compliance with state laws. Whether you want to protect your estate from probate or simply want to ensure your decedents honor your wishes, you should first understand the nuances of how to create a living trust in Ohio. 

A financial advisor can help you create a trust and will answer any questions you have about the process.

Creating a Living Trust in Ohio

Creating a living trust in Ohio offers several advantages for estate planning, including avoiding probate and maintaining privacy for your financial affairs. This is how you’ll go about making a living trust in the Buckeye State:

1. Determine which type of trust you’ll need: If you’re single, a single trust is probably for you. A joint trust may be better for married couples, since they allow couples to place jointly owned property like cars and homes inside of it, in addition to any property either spouse owns independently.
2. Take stock of your property: Make sure you know exactly what you own and how much you will place in the trust. You can place most of your property and assets, from cash to stocks to family heirlooms, inside the trust. Also, take the time now to gather relevant documents for this property, like car titles or certificates of stock ownership.
3. Pick your trustee: You can name yourself as trustee or pick someone else. If you choose yourself, you’ll need to name a successor trustee to take over when you die. A trustee is generally a person’s child or another trusted relative. The trustee will distribute the contents of the trust as you direct. Now is also a good time to decide who will inherit what property when you die.
4. Make a trust document: Now it’s time to put the legal trust document together. You can technically do this by yourself, but you may want to consult with a lawyer or financial advisor.
5. Get the trust document notarized: Now, you have to sign the trust in front of a notary public.
6. Fund the trust by placing your property into it: You can do this yourself, but it can get tricky. Again, an estate planning attorney may be helpful.

What Is a Living Trust?

A living trust is simply a legal framework, established by a document, into which property and assets can be placed. There is a trustee who manages and distributes the property stored in the trust. You can either name yourself as the trustee or pick someone else.

Irrevocable living trusts are permanent. The person who creates the trust, also known as the grantor, cannot remove property placed in the trust without the express permission of every person named in the trust. The trust wholly owns the property inside it, and pays any taxes owed from its assets.

Revocable living trusts, meanwhile, have more flexibility. The grantor can remove property and modify the trust at will. The grantor still owns the property and pays taxes on it like normal.

How Much Does It Cost to Create a Living Trust in Ohio?

The cost of making a living trust in Ohio depends on the method you use to set it up. You can use an online program to make the trust document yourself, and the cost will likely be a few hundred dollars. Alternatively, you can hire an attorney, which will likely end up costing you more than $1,000. The exact cost of using a lawyer depends on the fees the lawyer charges, though.

Even though it’s cheaper to do it yourself, there are some notable risks to DIY estate planning. Attention to detail is very important and it will take a lot of time to do all of the research needed. If you use an attorney, make sure you find someone who is a trust expert, not just an estate planner. Also, take note of the fees upfront to avoid surprise expenses.

Why Get a Living Trust in Ohio?

Ohio residents will generally get a living trust to spare their relatives from the inconvenience of probate court after they die. Probate is a time-consuming process most estates go through, and it can be an invasion of privacy. Ohio has not adopted the Uniform Probate Code, which some states have in place to simplify the probate process. For this reason, a living trust may be especially useful for residents of the state.

A living trust is also useful if you’ll be leaving property to minor children, as the trustee can manage the property inside the trust until the child reaches a certain age. A living trust can also help you avoid conservatorship if you become incapacitated, as you’ll have already selected a trustee.

Who Should Get a Living Trust in Ohio?

The idea that living trusts are just for the wealthy is a myth. In a state like Ohio that has not adopted the Uniform Probate Code, even a relatively small estate could benefit from a living trust. There are some smaller estates, though, that will undergo a simplified probate process in Ohio — namely any estates worth less than $35,000 or estates worth less than $100,000 where the surviving spouse inherits everything. For these estates, a living trust might not be worth the time or money. ¹

Other reasons not to get a living trust are simply that living trusts can be more complicated and likely more expensive to set up than a will. Living trusts also have a greater potential to cause complications for your family after you die, as they allow more time for a legal challenge. Whether or not you decide to get a living trust, remember that everyone needs an estate plan.

Living Trusts vs. Wills

Living trusts and wills in Ohio serve as the primary tools for estate planning, but they function quite differently. Each option offers distinct advantages depending on your specific circumstances and goals for asset distribution. Even if you get a living trust, you’ll still need a will to direct the fate of any property not stored in the trust. Additionally, a will can do the following things that a living trust cannot:

• Provide instructions on how to pay taxes and debts
• Name an executor
• Establish guardianship for children who are minors
• Select managers for the children’s property

This chart compares the abilities of will and living trusts to give you a better idea of how the two options stack up.

Living Trusts vs. Wills

Living Trusts and Taxes in Ohio

Your living trust is unlikely to have a big impact on your taxes. Still, it can’t hurt to know about the Ohio estate tax and the Ohio inheritance tax.

Luckily, Ohio does not have an inheritance tax or an estate tax. The federal estate tax, however, you may need to account for it depending on the size of your estate. More specifically, in 2026, the federal estate tax only applies to estates that are worth at least $15 million, or $30 million for married couples. ²

How to Fund a Living Trust in Ohio

Creating the trust document is only the first step. You must formally transfer your assets into the trust to actually avoid probate. This process is called funding the trust, and many people complete the paperwork but never follow through with the transfers.

Here is how to fund a living trust in Ohio for common asset types:

• Real estate. A new deed must be executed transferring ownership from your name into the trust. Ohio commonly uses a quitclaim deed or warranty deed for this purpose. Once signed and notarized, the deed must be recorded with the county recorder’s office where the property sits.
• Bank and financial accounts. Visit your bank or financial institution to retitle the account under the trust’s name. Bring a copy of the trust document or a certificate of trust, as most institutions will require documentation before making the change.
• Investment and brokerage accounts. Contact your brokerage directly to initiate the transfer. Requirements vary by institution but typically involve completing a transfer form and submitting trust documentation for review.
• Vehicles. Ohio title transfers for vehicles go through the Bureau of Motor Vehicles. That said, many estate planners suggest keeping vehicles out of the trust altogether and addressing them through a will instead, since retitling can create complications with auto insurance coverage.
• Life insurance and retirement accounts. These assets typically pass directly to named beneficiaries and do not need to be placed inside the trust. In some cases, naming the trust as a beneficiary may make sense, but doing so can carry tax liability that are worth reviewing carefully before making any changes.

Any asset left outside the trust at the time of death may still pass through probate, regardless of how carefully the trust document was drafted.

How an Advisor Can Help You Set Up a Living Trust in Ohio

A living trust touches both legal and financial territory, and the two frequently overlap. An estate planning attorney handles the drafting, ensures the document meets Ohio’s requirements, and can assist with transferring titled property into the trust. A financial advisor can help you think through which assets belong in the trust, how it connects to your broader financial strategy, and how accounts that pass outside the trust, such as retirement accounts and life insurance, fit into the overall picture.

Simpler estates may only need one professional. Larger or more complex situations generally benefit from having both involved, since gaps between the legal structure and the financial plan are where costly mistakes tend to happen.

Before engaging anyone, consider asking:

• Do you focus specifically on living trusts and estate planning?
• What does your fee cover, and what falls outside of it?
• Will you assist with transferring assets into the trust after the document is signed?
• How do you handle revisions if my situation changes down the road?

A financial advisor with estate planning experience could help you determine which assets to include, how to structure the trust around your tax situation, and what steps to take after the document is signed.

Bottom Line

Making a living trust in Ohio is one way to plan your estate and protect your assets for your heirs. The state has not adopted the Uniform Probate Code, so it may be a good option if you want to keep your estate out of probate court. Though you certainly can plan your estate yourself, it is difficult, so getting a lawyer to help you may be a good idea. Regardless, it’s something everyone should spend some time figuring out.

Estate Planning Tips

• Building an estate plan can be dangerous to do on your own, as it’s one of the premier times when a financial advisor may be able to help you. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
• You can’t directly place your 401(k) plan into your living trust. However, you can name the trust as a beneficiary.

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