“I have a will—so I’m all set.”

We hear that a lot. Unfortunately, it’s only half true.

Having a will is a great start, but it doesn’t mean your family can skip probate. In Ohio (and most other states), a will isn’t a “get-out-of-court-free” card. It’s actually the ticket in.

Attorney Jeanette Mullett-Meisel puts it perfectly:

“A will is just a letter to the probate court—your instructions to the judge.”

What A Will Actually Does

A will explains your wishes: who should handle your estate, how your assets should be distributed, and who should care for dependents. It gives direction and peace of mind.

But it doesn’t execute itself. The probate court must still:

• Validate the will’s authenticity.
• Appoint the executor.
• Notify heirs and creditors.
• Approve debt payments and final distributions.

That court supervision is probate.

Why Probate Still Happens

Anything owned solely in your name—real estate, vehicles, personal property—can’t legally transfer to someone else without the court’s permission. Probate is the mechanism that makes that transfer official.

It protects heirs, ensures debts and taxes are paid, and prevents fraud.

It’s necessary—but it’s not always efficient.

How To Avoid Probate (Legally)

There are a few legitimate ways to keep your estate out of probate court, or at least make the process smoother for your loved ones:

1. Beneficiary Designations: Keep retirement accounts, life insurance, and financial accounts updated. The named beneficiary receives the asset directly, bypassing probate.
2. Joint Ownership: Property owned jointly with rights of survivorship passes automatically to the surviving owner.
3. Transfer on Death (TOD) Designations: For Ohio real estate and vehicles, TOD affidavits let property transfer directly to your chosen beneficiary.
4. Living Trusts: A living trust can provide for your loved ones efficiently and privately. When assets are titled in the trust, they can transfer directly to beneficiaries without court involvement, reducing delays, protecting privacy, and simplifying life for the people you care about.
5. Good Record-Keeping and Communication: Even the best legal plan fails if no one knows where to find it. Keep your documents organized and make sure your executor knows your intentions.

Each of these lets the asset pass directly to the named person, without waiting for court approval.

The Coordination Problem

Where families often trip up is assuming a will overrides everything else.

It doesn’t. If your will says “the house goes to my son” but your TOD affidavit names your daughter, the recorded affidavit wins.

That’s why attorneys like Jeanette recommend reviewing all your documents together—wills, deeds, account forms—to ensure they’re speaking the same language.

How This Affects Real Estate

For most families, the home is the biggest—and messiest—asset. If it’s only in one person’s name and no TOD is in place, it must go through probate. That means months of waiting, title searches, and potential delays in selling or refinancing.

Transfer-on-Death (TOD) affidavits can be incredibly helpful, but they’re legal instruments, meaning they’re not the right tool for every situation. Before recording a TOD, it’s important to consult with an estate attorney who can confirm whether it fits your overall plan and ensure it’s prepared and filed correctly.

The Real Takeaway

A will is essential, but it’s not the finish line—it’s the foundation.

Pair it with beneficiary designations, up-to-date property records, and clear communication with your family.

Because estate planning isn’t about avoiding paperwork; it’s about avoiding confusion.