The most common document of estate planning is the Will. A Will is a document which tells the Probate Court what to do with assets which are owned by a person which are not otherwise disposed of when the person dies. It can also nominate a guardian for minor children or create a trust for various purposes. Some people also use a Will to give a statement of religious faith to their family members.

The distribution of assets can be tailored to your circumstances. Without a Will the distribution of your assets will be according to the Statute of Descent and Distribution.

A Will must be made by a person while the person is competent to make a Will. A Will is put into effect by the Probate Court of the County in which the person has his domicile when he dies. A Will-based estate plan guarantees probate, including its costs, delays and publicity!

IMPORTANT: It is very important for you to understand that the Will only controls assets which are not otherwise disposed of by other arrangements. For example, a Will does not control assets (like insurance policies and "Payable on Death" (P.O.D.) bank accounts) which have named beneficiaries, unless the named beneficiary has died before the maker of the Will dies. Similarly, a Will does not control real estate which is held by people with a survivorship deed, nor does it control survivorship accounts or assets held in a trust.

As noted above, if a person does not make a Will, there is a statutory "Will" which has been created for everyone by the Ohio Legislature, called the Statute of Descent and Distribution.

Minor children will also be taken care of by our legal system even if you do not name a guardian a Will. Considering the best interests of the minor children, the local Probate Court will appoint a guardian from among whoever applies to the Probate Court for that position. If no one applies for guardianship, the Department of Human Services may be appointed the guardian of the decedent's minor children. Guardianships usually terminate when a child attains age 18.

WARNING: The foregoing information is presented for general illustration purposes only, and is NOT necessarily complete nor is it intended to be relied on as legal advice. Each person's estate needs to be planned on an individual basis!