Ohio Living Trust
The Ohio rules that shape the document: the Section 5806.02(C) bar on revoking a trust by later will, the Section 2131.09(B) perpetuities opt-out with no duration cap, and the Section 5301.255 memorandum-of-trust funding option.
Find out where you stand in Ohio
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Introduction
A living trust lets you transfer assets to a trustee during your lifetime so they can pass to your beneficiaries without going through Ohio probate, but only for what you actually retitle into it; anything left in your own name still goes through probate no matter what the trust document says. Ohio adopted a UTC-based Ohio Trust Code at Revised Code Title 58, Chapters 5801 through 5811, but departs from the uniform default on a point that catches people off guard: once you sign your trust, Section 5806.02(C) bars a later will or codicil from revoking or amending it unless your trust instrument expressly says a will can do that, the reverse of what most states allow. Ohio asks nothing of the trust document itself to be valid, no notary, no witnesses, no will formalities (Sections 5804.02 and 5804.07), though the deed that funds real property into the trust must still be notarized.
Key Things to Know
- 1
Ohio reverses the usual rule on revoking a trust by will. Revised Code Section 5806.02(C) bars a later will or codicil from revoking or amending your living trust, even one that specifically mentions the trust or devises trust property, unless your trust instrument expressly allows revocation or amendment by will. If you want a later will to control, you must say so in the trust itself.
- 2
No notary, witness, or will formality is required to create an Ohio living trust. Section 5804.02 requires only settlor capacity, indicated intent, trust property, a definite beneficiary, and a trustee with duties to perform; Section 5804.07 goes further and enforces even a purely oral trust if its terms are proven by clear and convincing evidence. The notarization people expect is actually required for the deed that funds real property into the trust, under Section 5301.01(A).
- 3
Ohio lets a trust escape the rule against perpetuities entirely, with no stated year cap at all, if the instrument says the rule does not apply and gives someone an unlimited power to sell all trust assets or terminate the trust (Section 2131.09(B)). Without that opt-out, the common-law rule applies and a violating interest is reformed, not voided, to approximate the settlor's intent (Section 2131.08).
- 4
Funding real property into an Ohio trust is exempt from both the county conveyance fee and any county-optional real property transfer tax (Sections 319.54(G)(3)(t) and 322.01(D)). Ohio also lets the trustee record a memorandum of trust under Section 5301.255 in place of the full trust instrument, disclosing only the trustee's name, address, the trust's execution date, and the trustee's real-property powers, keeping beneficiaries and dispositive terms off the public record.
- 5
Ohio's homestead exemption, Section 2329.66(A)(1)(b), shields up to $125,000 of a domiciled person's interest in a residence from execution on a judgment. Nothing in the statute conditions that on the home being titled in your own name rather than your trust, and Ohio has no rule treating a trust transfer as abandonment of homestead rights, but no reported decision confirms the exemption reaches a residence held in trust either. Ask an Ohio attorney before relying on it.
- 6
Ohio's spousal election reaches only the probate net estate, not an augmented estate that pulls in nonprobate or trust assets (Sections 2106.01(C) and 2105.06). On the statutory text, a properly funded Ohio revocable living trust removes assets from the spousal-election base entirely, a real planning consequence in a state where a surviving spouse can otherwise claim up to half of the probate net estate.
- 7
Ohio has no trust registration requirement, no state estate tax since deaths on or after January 1, 2013, and no inheritance tax. An inter vivos trust is not subject to continuing court supervision unless a court is asked to intervene (Section 5802.01(B)), and no bond is required of the trustee unless the court finds one is needed or the trust terms require it (Section 5807.02).
Key decisions before you file
Before you file a Living Trust in Ohio, a few decisions shape the document: which option to choose and what each one means. The Living Trust guide walks through them.
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Ohio Requirements for Living Trust
Ohio No Notary or Witness Required to Create the Trust
Section 5804.02 requires only settlor capacity, indicated intent, trust property, a definite beneficiary, and a trustee with duties to perform. No notary, witness, or will formality applies to the trust instrument itself, though the funding deed must be notarized.
Ohio Bars Revocation by Later Will Unless the Trust Allows It
Section 5806.02(C) bars a later will or codicil from revoking or amending the trust, even one that specifically mentions it, unless the trust instrument expressly allows revocation or amendment by will. Add express authorizing language if a later will should be able to change the trust.
Ohio Funding Deed Must Be Notarized; Memorandum of Trust Option
The deed funding real property into the trust must be acknowledged before a notary under Section 5301.01(A) and recorded. A memorandum of trust under Section 5301.255 can be recorded instead of the full instrument, keeping beneficiaries and dispositive terms private.
Ohio Homestead Exemption Not Conditioned on Trust Titling
Section 2329.66(A)(1)(b) exempts up to $125,000 of a domiciled person's residence interest from execution, without conditioning that on individual versus trust title, though no reported decision confirms its reach to trust-held homes.
Ohio Certificate of Trust Contents
Section 5810.13 lets the trustee furnish a certification of trust stating the trust's existence, the settlor's identity, the acting trustee's identity and powers, and revocability, without disclosing dispositive terms, in place of the full instrument.
Ohio Perpetuities Opt-Out With No Duration Cap
Section 2131.09(B) lets the trust opt out of the rule against perpetuities entirely, with no stated maximum duration, if the instrument says the rule does not apply and gives someone an unlimited power to sell all trust assets or terminate the trust.
Ohio Revocable Trust Gives No Creditor Protection During Life
Section 5805.06(A)(1) keeps trust property subject to the settlor's own creditors during the settlor's lifetime. Asset protection requires a separate irrevocable legacy trust under the Ohio Legacy Trust Act, Chapter 5816, not this revocable trust.