How to Avoid Probate in Ohio: Legal Tools That Work

March 25, 2025

How to Avoid Probate in Ohio: Legal Tools That Work

Probate in Ohio can be a time-consuming, costly, and public process, often causing stress during an already difficult time. Fortunately, there are several effective legal tools available that can help you and your loved ones avoid probate entirely. At Roderick Linton Belfance, LLP, we guide Akron families through the process of proactively protecting their assets and ensuring a smoother transition for heirs.


Understanding Probate in Ohio



Probate is a legal process supervised by the court that verifies and administers the estate of someone who has passed away. Assets are gathered, debts are paid, and the remaining assets are distributed according to a will or Ohio law if no will exists. This process is not only lengthy—often taking several months or longer—but it also involves court fees, administrative expenses, and sometimes, disputes among family members.


Proven Legal Tools to Avoid Probate in Ohio


1. Living Trusts


A living trust is a powerful legal tool allowing you to transfer assets directly to beneficiaries without going through probate. Once established, you maintain control of your property while alive, and upon your passing, assets are seamlessly transferred according to your instructions.


2. Joint Ownership with Rights of Survivorship


Holding property jointly with another person as "joint tenants with rights of survivorship" allows property to pass automatically to the surviving owner without the need for probate. This arrangement is commonly used for real estate and bank accounts.


3. Transfer-on-Death (TOD) Designations


Ohio law permits individuals to designate beneficiaries directly on assets such as bank accounts, investment accounts, real estate, and vehicles. Upon your passing, these assets automatically transfer to the designated beneficiaries without probate involvement.


4. Payable-on-Death (POD) Bank Accounts


Similar to TOD designations, a payable-on-death bank account allows you to name beneficiaries who will automatically receive the account funds upon your death. This method keeps the account out of probate court and quickly accessible to heirs.


5. Gifting Assets Before Death


Strategically gifting certain assets during your lifetime reduces the size of your probate estate. However, it is essential to understand potential tax consequences or Medicaid implications before choosing this route.


Creating a Customized Plan with Roderick Linton Belfance, LLP


Every estate is unique, and the best approach depends on your personal situation and goals. Our experienced estate planning attorneys at Roderick Linton Belfance, LLP work closely with clients in Akron and the surrounding areas to develop tailored strategies to minimize or avoid probate. We'll evaluate your assets, discuss your goals, and create a plan that protects your loved ones and your legacy.


By taking proactive steps now, you can save your family time, expenses, and unnecessary stress. Reach out today to discuss your options for avoiding probate in Ohio.

February 24, 2025
Running a small business is a dream for many entrepreneurs, but it comes with many challenges. The financial toll can leave one feeling overwhelmed and uncertain about the future. We understand that facing bankruptcy as a small business owner can be scary. However, with the right guidance and strategies, it is possible to recover and grow. Filing for bankruptcy can help a struggling business owner survive and ultimately thrive. WHAT IS BANKRUPTCY? The word ‘bankruptcy’ has a negative connotation. However, it’s important to not be afraid of it but instead seek to understand what it means. Bankruptcy is a legal process designed to help businesses eliminate or repay their debts under the protection of the federal bankruptcy court. Below are three steps to help small business owners feel empowered to revive their business with the help of a trusted advisor. A ssess Your Financial Situation Before taking the significant step of hiring a bankruptcy attorney, it is crucial to assess your financial situation. The first step in navigating bankruptcy as a small business owner is to take a comprehensive look at your finances. This includes managing your cash flow and reviewing all your assets and liabilities. This comprehensive assessment will provide a clear picture of whether bankruptcy is the most viable option for your business. It’s also important to gather all necessary financial documents. For example, putting together balance sheets, income statements, and tax returns. By compiling all of these ahead of time, you are not only helping yourself but also your future attorney. Keeping these organized will save you time. Research and Select a Qualified Attorney Choosing the right attorney is a critical step. An experienced attorney will be able to advise you on the steps to take prior to filing bankruptcy. They will then be able to guide you through the complexities of bankruptcy law and help you make informed decisions for you and your business. Finding an attorney who has experience in working with small businesses and has a track record of handling cases like yours is crucial. This is not something you will find at a small business workshop. However, you can seek referrals of attorneys from your professional network. There might be another small business owner you know that has walked in your shoes and has a recommendation. Consult with the Attorney and Plan the Next Steps Once you have selected an attorney, schedule a consultation to discuss your situation. Your first meeting will be an opportunity to ask questions, understand the bankruptcy process and develop a strategic plan for moving forward. Be prepared with a list of questions and topics to cover (such as differences between Chapter 7 and Chapter 11), what the costs are, potential timeline, and the impact filing will have on your business. It’s important to work with your attorney on a strategic plan so you have a clear path to stay on track. By following these three essential steps, you can approach filing bankruptcy with confidence. The goal is to achieve the best outcome for your business that allows you to rebuild and move forward. Current Issues in Today’s Economic Environment Though small businesses encounter many challenges throughout their life cycle, one of the most common issues facing small business owners today is dealing with the challenges that come from obtaining SBA loans due to the impact of COVID-19. Many small businesses obtained either EIDL or PPP loans from the SBA to cover short term costs with the expectation revenues would return to normal after the pandemic. When the business’ revenues did not return to pre-COVID levels, business owners were confronted with much higher fixed costs and less revenue in which to operate. In many of our client’s cases since the onset of COVID-19, we have been able to either restructure or greatly reduce a client’s SBA debt through a Chapter 11 proceeding, or more specifically, a subchapter V proceeding. If you are looking for an experienced, bankruptcy attorney who focuses in working with small businesses, please contact the Chair of our Bankruptcy Group Steve Heimberger at 330-434-3000 or sheimberger@rlbllp.com
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