Are Beneficiary Designations Protected in Ohio?
Ohio automatically revokes an ex-spouse as beneficiary at divorceORC § 5815.33; ORC § 5302.23(B)(12)Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
A beneficiary designation on life insurance, a retirement account, a payable-on-death bank account or a transfer-on-death brokerage account decides who receives that asset at death, in Ohio as everywhere. The designation controls over the will or trust, and an outdated one stays in force whatever the other documents say.
Yes. Ohio automatically revokes an ex-spouse as beneficiary on divorce for these asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuitiesORC § 5815.33; ORC § 5302.23(B)(12)Verified Sep 15, 2026View source. An ERISA-governed employer plan (a 401(k), a pension) follows federal law instead and must be updated by hand whatever the state rule says.
Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009). Ohio sets no spousal-consent requirement of its ownORC § 2106.01 (elective share — not a consent gate)Verified Sep 15, 2026View source for an individual account.
Yes. Ohio gives inherited IRAs full statutory protection from creditorsORC § 2329.66(A)(10)(e)Verified Sep 15, 2026View source. After Clark v. Rameker (2014) held that federal bankruptcy law does not protect an inherited IRA, the state statute is the shield.
No. Ohio does not default to per stirpes for beneficiary designationsORC § 2107.52(E); § 1709.07; § 1709.10(B); § 5302.23(B)(1)Verified Sep 15, 2026View source: when a named beneficiary dies before the account holder, the share lapses unless the designation says per stirpes or names a contingent beneficiary.
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Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
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Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn moreForms for Planning Your Estate in Ohio
Free forms for planning your estate in Ohio: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Ohio, a will is signed before 2ORC § 2107.03Verified Oct 19, 2026View source witnesses, and no self-proving affidavit is availableORC § 2107.03Verified Oct 19, 2026View source.
Healthcare Power of Attorney
Ohio allows a choice for a healthcare power of attorney: 2ORC § 1337.17Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
Ohio treats a power of attorney as durable by defaultORC §§ 1337.21–1337.64Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementORC §§ 1337.21–1337.64Verified Sep 18, 2026View source.
Transfer on Death Deed
In Ohio, a transfer on death designation affidavit is signed before a notaryORC 5302.22 to 5302.24Verified Oct 19, 2026View source, then recorded with the county before the owner's deathORC 5302.22 to 5302.24Verified Oct 19, 2026View source.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Living Will
In Ohio, the living will is the Living Will DeclarationOhio Rev. Code Chapter 2133 (§§ 2133.01-2133.15)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Tools for Planning Your Estate in Ohio
Free tools for planning your estate in Ohio: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Ohio runs $2,940Estimate: 10 hours at $294, Clio's Ohio Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,410Estimate: 15 hours at $294, Clio's Ohio Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $942Estimate: 3 hours at $314, Clio's Ohio Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,884Estimate: 6 hours at $314, Clio's Ohio Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Ohio, four years at a public university cost about $97,692NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 7% below the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax; estate tax repealed for deaths on/after Jan 1, 2013 (Ohio Rev. Code § 5731.02 levies only on persons "dying on or after July 1, 1968, and before January 1, 2013")Verified Sep 15, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Ohio costs an estimated $26,234ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 1.8%ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.8%ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Ohio, a surviving spouse takes the entire estateORC § 2105.06Verified Sep 11, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationORC § 2105.06Verified Sep 11, 2026View source.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Ohio runs $2,940Estimate: 10 hours at $294, Clio's Ohio Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,410Estimate: 15 hours at $294, Clio's Ohio Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Ohio runs $942Estimate: 3 hours at $314, Clio's Ohio Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,884Estimate: 6 hours at $314, Clio's Ohio Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $26,234ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In Ohio, a parent names a guardian for a minor child in a will or a separate signed writingOhio Rev. Code §§ 2111.12, 2111.121, 2111.02(D)(1)Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18Ohio Rev. Code § 3109.01Verified Sep 16, 2026View source.
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Ohio Estate Planning Resources
In-depth guides covering Ohio probate laws, trust requirements, and estate planning strategies.