Do I Need a Will If I Have a Trust in Ohio?
A trust does not answer every estate question
An Ohio revocable trust can provide detailed instructions for property held under it. A will performs different work for property passing through probate. A coordinated plan commonly uses both documents because assets may remain outside the trust or be acquired later without the intended ownership changes.
Use the will as a backstop
A pour-over provision can direct probate property to an identified trust under section 2107.63. The trustee then administers what reaches the trust under the governing terms. The will may also nominate the executor who handles the probate work. This backstop does not make an unfunded asset transfer directly to the trust without administration.
Check the documents together
Review names, successor appointments, trust identification, and what happens if the trust has been revoked. A will referencing an earlier trust and a later trust amendment should not be assumed to coordinate automatically in every circumstance. Ohio’s statute contains conditions concerning the trust arrangement; counsel should confirm how the specific instruments work together.
Maintain funding as well as documents
Prepare a current asset list showing ownership and beneficiaries. Identify accounts or property intentionally left outside the trust and explain why. Do not treat the existence of a pour-over will as a reason to skip funding work. Review after property purchases, institution changes, or a death among the appointed people so the plan remains usable when needed.
Related Ohio guidance
Legal references
Discuss your next step
Discuss your next step with McCalla Law. Call 614-702-1211 or request a consultation. Send only a brief, nonconfidential description initially. This article provides general legal information and does not create an attorney-client relationship.
