When a loved one passes away, one of the first legal questions many families ask is, “Do we have to go through probate?” Probate is the legal process by which a person’s assets are distributed after death. In Ohio, whether or not probate is required depends on several factors, including how the person’s assets were owned and whether they had a valid will or estate plan in place.

At the Law Offices of Daniel McGowan, we regularly help families across Ohio understand what probate involves and when it can be avoided. This blog breaks down the rules, exemptions, and options that apply to probate in our state—and when you may not need it at all.

What Is Probate, and Why Does It Happen?

Probate is a court-supervised process that verifies the validity of a will (if one exists), ensures debts and taxes are paid, and distributes any remaining property to heirs. If someone dies without a will, the court will distribute assets according to Ohio’s intestacy laws.

During probate, the court appoints a personal representative—also called an executor or administrator—who manages the estate. This process helps protect heirs, resolve disputes, and confirm that the estate is settled properly under Ohio law.

When Is Probate Required in Ohio?

Not all estates are subject to full probate. In general, probate is required when:

• The deceased owned assets solely in their name
• There is no valid will, or the will must be verified
• The estate includes real estate not held jointly or in a trust
• There are outstanding debts, taxes, or unresolved claims

Even small estates may go through a shortened version of probate, especially if assets exceed a certain value or include real property that isn’t titled jointly or held in a transfer-on-death designation.

When Probate May Not Be Necessary

There are several ways to avoid probate in Ohio, often through careful planning. Here are common scenarios where probate might not be required:

1. Jointly Owned Assets with Rights of Survivorship

If the deceased owned a home, bank account, or vehicle jointly with someone else—and the ownership included rights of survivorship—the asset automatically passes to the surviving owner without probate.

2. Beneficiary Designations

Life insurance policies, retirement accounts, and some bank accounts allow you to name a beneficiary. These assets transfer directly to the named person and do not go through probate unless the beneficiary is deceased or not properly designated.

3. Payable-on-Death (POD) or Transfer-on-Death (TOD) Designations

Ohio allows you to name a beneficiary for bank accounts (POD) or real estate and vehicles (TOD). If these designations are in place, the asset can pass to the beneficiary directly without court involvement.

4. Revocable Living Trusts

If the deceased had a revocable living trust and transferred assets into it before their death, those assets avoid probate. The successor trustee distributes the property privately, based on the trust instructions.

5. Small Estate Procedures

Ohio has simplified procedures for small estates. If the total value of the estate is under $35,000—or under $100,000 and all assets go to a surviving spouse—heirs can request a release from administration. This streamlined process allows assets to be transferred with less court involvement and no formal probate hearing.

What Happens If There’s No Will?

When someone dies without a will in Ohio, they are said to have died “intestate.” In this case, the probate court distributes the estate based on state law. That typically means:

• Spouses receive the entire estate, unless there are children from another relationship
• Children, parents, or siblings may receive a portion, depending on surviving relatives
• The court selects an administrator to handle the estate

Dying without a will not only triggers probate—it also removes your ability to control how your property is distributed. That’s why estate planning is so important, even for those with modest assets.

Why Avoiding Probate Can Be Beneficial

Probate can be time-consuming, expensive, and emotionally draining. The process can take several months—or longer—especially if there are disputes or complex assets involved. Probate also becomes part of the public record, meaning anyone can see details of the estate.

Avoiding probate allows for:

• Faster distribution of assets
• More privacy for your family
• Reduced legal and court fees
• Greater control over who inherits your property

Many clients come to us seeking ways to spare their families from this process. With the right planning tools in place, it’s entirely possible.

Call the Law Offices of Daniel McGowan for Your Ohio Probate Needs

Even if your loved one’s estate may not require full probate, working with an experienced Ohio probate attorney is always a smart idea. We help families determine what legal steps—if any—are necessary and assist with asset transfers, paperwork, and court filings.

If probate is required, we guide you through each stage, from filing the initial petition to distributing final assets. If probate isn’t needed, we ensure everything is handled properly to protect your rights and avoid delays.

If you're unsure whether your loved one's estate requires probate in Ohio, contact us today. At the Law Offices of Daniel McGowan, we provide honest answers, clear guidance, and reliable support during a difficult time. Let us help you determine the best path forward.