Estate Planning Is More Than a Will: The Documents Every Ohio Family Needs
Three of the most important estate planning documents work while your loved one is still alive. Here is the full list and why each one matters.
The will is only one piece
Most people think an estate plan is a will. But three of the most important documents matter while your loved one is still alive.
Documents that work during life
1. Durable financial power of attorney
Lets a trusted person pay bills, manage accounts and file taxes if your loved one can't. Without one, the family may have to ask an Ohio probate court to appoint a guardian — a process that can take months, cost thousands, and end with someone your loved one wouldn't have picked. See our Ohio power of attorney guide.
2. Health care power of attorney
Names who can talk to doctors and make medical decisions when your loved one can't speak for themselves.
3. Advance directive (living will)
States what end-of-life care your loved one does and doesn't want. In Ohio this is governed by Revised Code Chapter 2133.
Both powers of attorney end at death. That is where the next documents take over.
Documents that work after death
4. Will
Names the executor and says who receives what's left. If there are young children, the will usually includes a guardian nomination naming who would raise them.
5. Beneficiary designations
Beneficiary forms on retirement accounts and life insurance, and payable-on-death (POD) or transfer-on-death (TOD) accounts, usually override the will. Review them separately — an old form naming an ex-spouse is a common, painful mistake.
6. Letter of instruction
A plain list of accounts, bills, logins and key contacts. It isn't a legal document, but it is often what makes the others usable.
Does your family need a trust?
A trust can make sense with minor heirs, a wish for privacy, property in more than one state, or a large estate. It can also play a role in Medicaid planning, which should be done with an elder law attorney.
Taxes: the 2026 federal estate tax exemption is $15 million per person ($30 million per married couple). Ohio repealed its state estate tax in 2013, though some other states tax estates starting near $1 million — worth knowing if your loved one owns property elsewhere.
When to review the plan
Pull these documents out again after a marriage, divorce, birth, death, move or major purchase — and whenever your loved one's health changes.
Next steps
- Gather any existing documents and beneficiary forms.
- Write the letter of instruction now — it costs nothing.
- Meet with an Ohio elder law or estate planning attorney from our directory.
Questions? Call us at (513) 226-9052 or visit our Financial & Legal guide.
Frequently asked questions
- What happens if my loved one has no power of attorney in Ohio?
- The family may need to ask the county probate court to appoint a guardian, which can take months, cost thousands of dollars, and result in a guardian the person would not have chosen.
- Does a will override beneficiary designations?
- Usually not. Beneficiary forms on retirement accounts, life insurance, and POD or TOD accounts generally control, so review them along with the will.
- Does Ohio have an estate tax?
- No. Ohio repealed its estate tax for deaths on or after January 1, 2013. The federal exemption in 2026 is $15 million per person.
Sources
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