Why Every Ohioan Needs a Will: Protect Your Family and Your Future

It’s National Make a Will Month, and as an estate planning attorney serving Northeast Ohio, I’ve seen firsthand what happens when families assume they don’t need a will. Ohio’s default laws don’t always do what you think they will. That’s why I’m sharing some essential insights to help you understand why a will matters, and what must be in it.

Why You Need a Will in Ohio

Many people believe that if they’re married, everything will automatically go to their spouse. Unfortunately, that’s not always the case. Ohio’s default statutes can misallocate assets, mischaracterize property, or leave out key intentions. Even in seemingly simple scenarios, a will is your voice in court, it confirms your wishes and protects your loved ones.

We’ve handled case after case where someone assumed their estate would “just work itself out.” It didn’t. Assets were frozen, families were delayed, and intentions were lost. A properly drafted will avoids these issues and gives your loved ones clarity during a difficult time.

What Should Be in Your Will?

Creating a will isn’t just for the wealthy or elderly—it’s for anyone who wants to make sure their wishes are respected and their loved ones are protected. Here’s what your will should include, and why each item matters:

Executor Nomination

Choose someone you trust to carry out your wishes after you pass. This person—called the executor—handles tasks like paying bills and distributing your belongings. If you don’t name one, the court will pick someone for you.

Waiver of Bond and Insurance

In Ohio, courts often require your executor to buy a bond (a type of insurance) to guarantee they’ll do their job right. This costs money and causes delays. If you trust your executor, your will should say they don’t need to do this.

Permission to Sell Real Estate

If your home needs to be sold after you pass, your executor must get court approval—unless your will gives them permission. Without it, they may need to get consent from all beneficiaries or even go to court. Save time and trouble by including this clause.

Access to Accounts and Assets

Your executor needs access to your bank accounts, retirement funds, and other assets to manage your estate. Make sure your will clearly gives them this power to avoid delays.

Guardianship Nomination for Minor Children

If you have children, name a guardian in your will. This helps the court honor your wishes and avoid family disputes if both parents pass away.

Clear Distribution of Assets

Spell out who gets what—from your house to your personal items. Without clear instructions, Ohio’s default laws decide, and that may not match your intentions.

Residuary Clause

This covers anything you forgot to list—like a new car or forgotten account. It ensures leftover assets go to someone you choose, not the court.

Digital Assets and Online Accounts

Include instructions for email, social media, and online subscriptions. These often contain personal or financial info your executor may need to manage.

Funeral and Burial Preferences (Optional)

You can include your wishes for burial, cremation, or memorial services. This helps your family honor your preferences and avoid guesswork.

Conclusion

Even a basic will can make a world of difference. If you’re unsure what to include or how to get started, we’re here to help. A properly drafted will can save your family time, money, and stress.

📅 Ready to move forward? Schedule a paid consultation with Attorney Nicholas Weiss. 
📞 Have more questions? Contact our office. 

About the Author

Nicholas Weiss is the founder and supervising Attorney of N.P. Weiss Law, serving clients across Northeast Ohio in real estate, family law, and estate planning. He is committed to helping property owners, businesses, and families navigate legal challenges with clarity and confidence. Learn more about Nicholas Weiss. 

This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. For personalized guidance, please consult with a licensed Ohio attorney.