Ohio is one of the most planner-friendly states in the country: no state estate or inheritance tax, transfer-on-death deeds for real property, a robust domestic asset protection trust statute, and a modern Ohio Trust Code. The opportunity is to actually use the tools — most Ohio plans we audit leave 90% of them on the table.
Key Points
Ohio repealed its estate tax in 2013 and has never had an inheritance tax. Combined with the 2012 Ohio Legacy Trust Act (ORC Chapter 5816), Ohio became a domestic asset protection jurisdiction competitive with Delaware and Nevada for Ohio residents. The Ohio Trust Code permits decanting, directed trusts (separating investment from distribution decisions), trust protectors, and long-duration trusts.
An Ohio Legacy Trust is a self-settled spendthrift trust that, if properly structured, can shield assets from the grantor's future creditors after an 18-month statute of limitations period. Key requirements include an Ohio-resident qualified trustee, an irrevocable transfer, a spendthrift clause, and an affidavit of solvency at funding. Ohio Legacy Trusts work best for professionals and business owners facing prospective liability exposure rather than as a response to existing claims.
Ohio permits a TOD designation affidavit on real property, which transfers title at death without probate. Combined with POD/TOD on financial accounts and proper beneficiary designations on retirement accounts and life insurance, many Ohio estates avoid probate without needing a revocable living trust. Where a trust is still warranted — privacy, incapacity, blended family, out-of-state property — we draft accordingly.
Frequently Asked
No. Ohio repealed its estate tax effective January 1, 2013, and has no inheritance tax. Federal estate tax still applies above the federal basic exclusion amount (approximately $15M per individual in 2026 under current federal law, subject to change).
A domestic asset protection trust authorized by Ohio Revised Code Chapter 5816. It is a self-settled, irrevocable, spendthrift trust with an Ohio-resident qualified trustee. Properly structured, it can shield trust assets from the grantor's future creditors after the statutory waiting period.
Most Ohio adults need at least a will, durable financial power of attorney, health-care power of attorney, and living will. A revocable trust is warranted when you have minor children, a blended family, real estate in multiple states, complex assets, or privacy concerns about probate filings.
Yes. We handle Ohio probate and trust administration in addition to planning. Many of our administration engagements are for plans drafted by other attorneys.
Next Step
Fixed-fee estate planning for clients in New York, New Jersey, and Ohio.
Drew Jacobs is licensed in New York, New Jersey, and Ohio. Nothing on this page constitutes legal advice or an offer to represent you in a jurisdiction in which we are not licensed.