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When you pass away, surviving family and friends will mourn your absence. Unfortunately, they may also spend their time waiting for the distribution of your estate, fighting for the assets you hoped to give them right away. This is because courts must authenticate your will through the lengthy probate process. If you’re hoping to avoid probate in Ohio courts and save your loved ones from difficulty, use the following tips before meeting with an estate planning attorney.

3 Tips for Avoiding Probate in Ohio

1. Opt for Joint Ownership

When you buy a house, vacation home, or car, or open a bank account, you can share ownership with someone else, such as a spouse. If you choose joint ownership, and the fine print states a “right of survivorship,” the property will automatically transfer to the co-owner when you pass away. Therefore, your spouse won’t have to wait for the house to go through probate. All they have to do is present the paperwork and claim ownership.

2. Establish a Living Trust

estate planning attorneyYou could also work with an estate planning attorney to establish a living trust. This is not only a legal document, but a vehicle for assets, such as cars, bank accounts, and homes. You can modify living trusts during your lifetime, and when you pass away, the assets inside them won’t go through probate. Instead, you’ll pick a trusted individual to be the successor trustee, and they will oversee the distribution of the assets to various beneficiaries.

3. Use Transfer-on-Death Policies

In Ohio, you can also file transfer-on-death forms for a variety of assets, automatically passing them onto the individual of your choice when you pass. You can use these forms for stocks and bonds, vehicles, and real estate deeds. In the latter case, it’s called a transfer-on-death designation affidavit, and you may still sell the property or revoke the affidavit while you’re alive.

 

If you want to avoid the lengthy probate process, talk to Swartz Law Office to discuss your options today. Estate planning attorney Donald K. Swartz is based in Batavia, OH, and has over 15 years of experience in the industry. In addition to wills and trusts, he also helps clients file for bankruptcy and divorce. To learn more about his practice areas, visit the website or call (513) 732-0900 to arrange for an appointment.

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