Ohio adopted the Uniform Trust Code in 2007, so the standard UTC rules apply here as a baseline. But Ohio made some distinctive modifications that give trust creators more flexibility than most states, including the ability to appoint a "beneficiary surrogate" who receives trust information instead of the beneficiaries themselves. Ohio has also positioned itself as a competitive trust jurisdiction with asset protection trusts, perpetual dynasty trusts, and no state estate tax.
This guide applies to both revocable and irrevocable trusts in Ohio.
Where Ohio trust law lives
The Ohio Trust Code is in Ohio Revised Code sections 5801.01 through 5811.03, effective 2007. Related provisions include Ohio's asset protection trust statutes at sections 5816.01 through 5816.14.
Accounting and notice requirements
Ohio follows the standard UTC framework for notice and accounting. Trustees must notify qualified beneficiaries within 60 days of accepting trusteeship, and must provide annual accountings to qualified beneficiaries.
The major Ohio twist is the beneficiary surrogate option. Under section 5801.04(C), the trust creator can appoint a person to receive information on behalf of beneficiaries. This is Ohio's version of a "quiet trust" mechanism. The surrogate receives the notices and accountings that would otherwise go to the beneficiaries themselves. This gives families the ability to manage when and how younger beneficiaries learn about the trust, without violating the trustee's reporting obligations.
The surrogate must be someone who can "adequately represent the interest" of the beneficiaries they stand in for. This is more flexible than states like Illinois, which limits the silent trust option to beneficiaries under age 30.
Trustee duties
Ohio follows the standard UTC duties: good faith administration, loyalty, impartiality, and prudent investing. The trustee must diversify investments and manage the portfolio as a whole. Ohio adopted the Uniform Prudent Investor Act as part of its trust code.
Trustee compensation
Ohio uses the standard "reasonable under the circumstances" approach. There is no statutory fee schedule. Professional trustees typically charge 0.5% to 1.5% of trust assets annually.
Statute of limitations
Ohio follows the UTC framework. Claims related to adequately disclosed transactions are generally barred after a reasonable period from disclosure. The specific limitations depend on the type of claim and whether adequate disclosure was made.
What makes Ohio different
Perpetual dynasty trusts. Ohio has abolished the Rule Against Perpetuities for trusts, allowing trusts to last indefinitely. This makes Ohio attractive for multi-generational wealth planning alongside states like Nevada and South Dakota.
Domestic Asset Protection Trusts (DAPTs). Under sections 5816.01 through 5816.14, Ohio allows self-settled asset protection trusts. You can create an irrevocable trust, name yourself as a beneficiary, and potentially protect those assets from future creditors. There's a seasoning period before the protection kicks in, and certain creditors (like pre-existing ones) can still reach the assets.
No state estate tax. Ohio repealed its estate tax in 2013. Combined with perpetual trusts and DAPT capability, this makes Ohio a competitive trust jurisdiction, particularly compared to neighboring states.
Beneficiary surrogate flexibility. As covered above, Ohio's surrogate provision is one of the most flexible quiet trust mechanisms in the country. The trust creator has wide latitude in deciding who receives information and when.
TrustHelm tip: TrustHelm tracks your Ohio trust obligations including annual accounting deadlines and beneficiary notification requirements. If your trust uses a beneficiary surrogate, the platform routes reports to the right person automatically.
The most common Ohio trust mistakes
Not using the beneficiary surrogate when it would help. Many Ohio trusts don't take advantage of this provision even when the family would benefit from delaying disclosure to younger beneficiaries.
Assuming DAPT protection is immediate. The asset protection trust has a seasoning period. Transferring assets to a DAPT right before a creditor claim doesn't provide protection.
Not funding the trust. Like every state, the most common mistake is creating a trust but never transferring assets into it. The trust only avoids probate for assets it actually holds.
Ignoring the 60-day notice requirement. When a new trustee takes over or the trust becomes irrevocable, the 60-day notice window applies. Missing it creates compliance exposure.
When to talk to an attorney
You should consult an Ohio trust attorney if you're considering setting up a DAPT, you want to structure a beneficiary surrogate arrangement, you're moving a trust to or from Ohio, or you're a successor trustee taking over after a death.
For finding a qualified estate planning attorney in your area, visit TrustHelm's Find an Attorney directory.
This guide is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for decisions about your trust.