A will is one of the most important documents you can create to protect your family and your wishes. With a properly drafted will, you can decide who will receive your property, who will care for your minor children, and who will handle your estate after your death.
For many individuals and families in Troy, Piqua, Greenville, and throughout the Miami Valley, a will is the foundation of a sound estate plan.
At Dungan & LeFevre, our attorneys have been helping Ohio families plan for the future for generations. We take the time to understand your goals, explain your options in plain language, and prepare wills tailored to your unique circumstances.
What Is a Last Will and Testament?
A last will and testament is a legal document that allows you to put your wishes in writing, so your family has clear instructions to follow after your death. Through your will, you can name the person you want to manage your estate, decide who should receive your property, choose a guardian for your minor children, and create trusts for young beneficiaries or loved ones with special needs.
If you do not have a valid will, Ohio law determines who inherits your property, and the probate court may appoint the individuals responsible for handling your estate and caring for your children. Creating a will gives you the opportunity to make these important decisions yourself.
How a Will Protects Your Family
A will helps provide certainty during a difficult time. By clearly stating your wishes, you can reduce confusion, minimize the risk of family disputes, and make estate administration easier for your loved ones.
A thoughtfully prepared will ensures that your property is distributed according to your wishes rather than a default formula set by Ohio law. It also allows you to name trusted individuals to care for your children and handle your affairs. For families with young children, blended families, or beneficiaries who may need additional financial protection, a will can be an especially important part of future planning.
Estate planning is not only for retirees or individuals with substantial wealth. Anyone who wants a say in what happens to their property and family should consider drafting a will.
What a Will Does Under Ohio Law
Under Ohio law, a will directs how property that is owned solely in your name will be distributed after your death. These assets generally become part of your probate estate and are transferred according to the instructions you leave in your will.
A will can also appoint an executor to manage the probate process, nominate guardians for minor children, establish testamentary trusts, and provide specific gifts to family members, friends, or charitable organizations. It can also include instructions for paying debts, taxes, and final expenses.
Assets That May Pass Outside Your Will
Not every asset is under your control. Certain types of property pass automatically to named beneficiaries or surviving co-owners. This often includes life insurance proceeds, retirement accounts such as IRAs and 401(k)s, payable-on-death and transfer-on-death accounts, and jointly owned property with rights of survivorship.
Because these assets transfer according to beneficiary designations or ownership arrangements, it is important to review them as part of your overall estate plan to ensure they align with your wishes.
A Will Does Not Avoid Probate
Many people assume that having a will allows their estate to avoid probate, but that is not the case. A will serves as a set of instructions for the probate court and helps guide the administration of your estate.
Depending on your circumstances, additional estate planning tools may be helpful. Revocable living trusts, transfer-on-death deeds, beneficiary designations, durable powers of attorney, and healthcare directives can work alongside your will to create a more comprehensive plan to protect your family and preserve your wishes.
Do I Need a Will?
If you own property, have children, or want to decide how your assets will be distributed, having a will is one of the most important steps you can take.
A will is particularly important for married individuals, parents of minor children, homeowners, business owners, and anyone who wants to leave specific gifts to loved ones or charitable organizations. It is also essential for those who want to nominate guardians for their children or make the probate process as straightforward as possible for their families.
Creating a will now can provide peace of mind and help ensure that the people you care about are protected in the future.
How to Make a Valid Will in Ohio
Creating a will involves more than writing down your wishes. Ohio law requires certain steps for a will to be legally valid.
In most cases, your will must be in writing and signed by you at the end of the document. You must sign it in the presence of at least two competent witnesses, and those witnesses must also sign the will while they are physically present with you. These formalities help confirm that the document reflects your intentions and that you signed it voluntarily.
Although a will can be handwritten or typed, even small mistakes in the drafting or signing process can create problems later. Working with an experienced estate planning attorney can help ensure your will is properly executed and enforceable under Ohio law.
Choosing the Right Witnesses
The people who witness your will should be adults who are not receiving property under the document. If a beneficiary serves as one of only two witnesses, that person’s inheritance may be affected.
To avoid unnecessary complications, it is generally best to use neutral witnesses who have no personal interest in your estate. At Dungan & LeFevre, we help clients complete the signing process correctly so they can feel confident their documents will hold up when needed.
What Is a Self-Proving Affidavit?
Ohio also allows wills to include a self-proving affidavit. This is a notarized statement signed by you and your witnesses at the time the will is executed.
While a self-proving affidavit is not required, it can make the probate process more efficient by reducing the need for witnesses to appear in court later. We routinely prepare self-proving wills whenever appropriate to make estate administration easier for your family.
What to Include in Your Ohio Will
Every will should reflect your personal circumstances, your family relationships, and your future goals. Some individuals need a straightforward will, while others require more detailed provisions to address children, business interests, or unique family situations.
At Dungan & LeFevre, we take the time to understand what matters most to you and prepare a will that provides clear instructions and lasting peace of mind.
Choosing an Executor
Your executor is the person responsible for carrying out the instructions in your will and managing the probate process. This person gathers assets, pays outstanding debts, and distributes property to your beneficiaries.
Many people choose a spouse, adult child, or trusted friend. It is also common to name an alternate executor in case your first choice is unable or unwilling to serve.
Naming a Guardian for Minor Children
If you have young children, your will allows you to nominate the person you would want to care for them if both parents were to pass away.
Although the probate court makes the final appointment, judges typically give significant weight to a parent’s wishes. Naming a guardian in your will provides important guidance and can offer tremendous peace of mind for parents.
Leaving Property to Loved Ones
Your will can include specific gifts of money, real estate, family heirlooms, or other personal belongings. It can also direct how the remainder of your estate should be divided among your beneficiaries. Clear instructions help reduce confusion and ensure your property is distributed as you wish.
Creating Trusts Through Your Will
In some situations, a will can establish a trust that becomes effective after your death. This may be useful if you are leaving assets to minor children, beneficiaries with disabilities, or individuals who may need help managing an inheritance. These provisions allow you to provide financial protection and long-term guidance for the people you care about most.
When Should You Update Your Will?
A will should be reviewed from time to time to make sure it still reflects your wishes. Life changes such as marriage, divorce, the birth of a child or grandchild, the death of a loved one, a move, or significant changes in your finances can all affect your estate plan.
Even if no major event has occurred, it is a good idea to revisit your will every few years. A periodic review gives you an opportunity to confirm that the people you have chosen to serve as executor or guardian are still appropriate and that your beneficiaries and distribution plans continue to match your goals.
Keeping your will up to date can help ensure your family has clear instructions when they need them most.
How a Will Can Be Revoked
If you decide to make changes, the simplest and most reliable approach is usually to sign a new will that clearly replaces any prior versions.
Although Ohio law recognizes other methods of revoking a will, such as destroying the original document with the intent to cancel it, those situations can create uncertainty and disputes after death. Preparing a new will is typically the safest way to make sure your current wishes are honored.
Is a Codicil the Right Choice?
A codicil is a formal amendment to an existing will. While codicils were once commonly used for minor updates, most people today are better served by signing a new will.
Replacing the document entirely allows your estate plan to remain clear and organized, rather than requiring your family and the probate court to interpret multiple documents together. At Dungan & LeFevre, we generally recommend preparing a new will whenever meaningful changes are needed.
Why Families Across the Miami Valley Choose Dungan & LeFevre
Estate planning is about more than preparing legal documents. It is about working with attorneys you trust to help protect your family and guide you through important decisions.
Dungan & LeFevre has served individuals and families throughout the Miami Valley for generations. As your hometown law firm, we provide practical advice, straightforward answers, and personalized estate planning solutions designed to meet your needs.
Attorney Sarah G. Worley is an Ohio State Bar Association Certified Specialist in Estate Planning, Trust and Probate Law, and brings extensive experience to the wills and estate plans we prepare. Our attorneys can also help you create powers of attorney, healthcare directives, living wills, and trusts so that all parts of your estate plan work together.
With offices in Troy and Greenville, we are conveniently located to serve families in Miami County, Darke County, and surrounding communities. We are also here to assist your loved ones in the future, whether they need guidance through probate or have questions about carrying out your wishes.
When you work with Dungan & LeFevre, you gain a trusted legal partner committed to helping you plan with confidence.
Frequently Asked Questions About Ohio Wills
Do I need a will if I have a trust?
Even if you have a revocable living trust, a will is still an important part of your estate plan. Most individuals use a “pour-over will,” which directs any assets not placed into the trust during life to be transferred to the trust after death. Without a will, those assets may be distributed under Ohio’s intestacy laws instead of your intended plan.
Can I make my own will in Ohio?
In Ohio, individuals can create their own will without an attorney, provided it meets the legal requirements for execution. However, even minor mistakes in wording or signing can lead to confusion or disputes later. Working with an experienced attorney helps ensure your will clearly reflects your wishes and avoids unintended outcomes.
What happens if I die without a will in Ohio?
If you pass away without a will, Ohio law determines who inherits your property through intestate succession rules. In most cases, assets pass to a surviving spouse and children based on a set statutory formula. This default structure may not reflect your personal wishes, which is why many families choose to create a will.
Where should I keep my will?
Your original signed will is the document needed for probate, so it should be stored in a safe and accessible place. Many people choose to keep it with their attorney, in a fireproof home safe, or in another secure location known to their executor. The most important step is making sure your executor knows where to find it when the time comes.
What is a “pour-over will”?
A pour-over will is commonly used with a revocable living trust. It acts as a safety net, directing any assets not already transferred into the trust to be transferred to the trust after death. This helps ensure that your estate plan works as a complete system rather than leaving gaps.
Who should I name as my executor?
Your executor should be someone you trust to carry out your wishes, manage paperwork, and handle financial responsibilities during the probate process. Many people choose a spouse, adult child, or close family member, and it is often wise to name an alternate in case your first choice cannot serve. The right person is typically organized, responsible, and willing to take on the role.
Put a Clear Ohio Will in Place With Confidence
Creating a will is one of the most important steps you can take to protect your family and ensure your wishes are carried out. Whether you are preparing your first will or updating an existing estate plan, Dungan & LeFevre can help you move forward with clarity and confidence.
Our attorneys work with individuals and families throughout Troy, Greenville, Miami County, and Darke County to prepare wills that are practical, legally sound, and tailored to each client’s needs.
To schedule a consultation with an experienced Ohio wills attorney, call 937-339-0511 or contact our office to get started.