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Having a will is a helpful first step in basic preparation. But it does not prevent probate. A will simply allows you to communicate your wishes to the probate court. Your loved ones still must go through the probate process to legally enforce your wishes.

The major disadvantage of pour-over wills is that unlike living trusts, all assets that go through wills of any kind may be subject to probate. This means that using a pour-over will make at least some of your estate likely to require the very probate you've attempted to avoid when you created a living trust.

Section 2107.03 | Method of making will. Except oral wills, every will shall be in writing, but may be handwritten or typewritten. The will shall be signed at the end by the testator or by some other person in the testator's conscious presence and at the testator's express direction.

Just as with a normal will, you can specify assets you want to leave to specific people and make a provision leaving everything not specifically listed to the trust. However, if you prioritize avoiding probate, a pour-over may not work for you. It is still a will and must therefore undergo the probate process.

No ? in Ohio, you don't need to notarize your will to make it valid. Some states allow you to use a notarized affidavit to make your will self-proving. When a will is self-proving, the court can usually accept your will without needing to contact your witnesses to prove its validity.

Non-Probate Assets Retirement benefits such as 401(k)s, IRAs, TSAs. Pay-On-Death (POD) Accounts. Transfer-On-Death (TOD) Assets. Life Insurance. Pension plans. Property held in a trust. Property or bank accounts held in joint tenancy.