“Probate” is the legal process of settling an individual’s estate after they pass away. In Ohio, probate is overseen by the Probate Court in the county where the deceased individual lived at the time of their death. The purpose of probate is to ensure that the deceased person’s assets are distributed according to their will or, if they did not have a will, according to Ohio state laws. When an individual passes away and leaves behind assets, those assets must go through the probate process before they can be distributed to the deceased person’s heirs or beneficiaries.

The probate process typically includes:

  1. Filing a petition with the Probate Court: The person responsible for settling the estate, known as the executor or administrator, must file a petition with the Probate Court to open the probate case. The petition will include information about the deceased person’s assets and heirs.
  2. Appointing an executor or administrator: If the deceased person left a will, the Probate Court will appoint the executor named in the will as the personal representative of the estate. If the deceased person did not leave a will, the Probate Court will appoint an administrator to handle the probate process.
  3. Notifying heirs and creditors: The executor or administrator is responsible for notifying the deceased person’s heirs and creditors of the probate case. This is typically done by mailing them a notice of the probate case.
  4. Gathering and inventorying assets: The executor or administrator is responsible for gathering all of the deceased person’s assets and inventorying them for the Probate Court. This includes assets such as real estate, bank accounts, stocks, and personal property.
  5. Paying debts and taxes: The executor or administrator is responsible for paying the deceased person’s debts and taxes, including any credit card balances, outstanding loans, and any taxes owed.
  6. Distributing assets to heirs: After the deceased person’s debts and taxes have been paid, the executor or administrator can distribute the remaining assets to the deceased person’s heirs according to the terms of the will or Ohio state law.

How long can the probate process take?

In Ohio, probate process can take anywhere from several months to several years, depending on the complexity of the estate and the number of assets involved. It is important for executors or administrators to keep detailed records and work closely with the Probate Court to ensure that the process is handled properly.

Can the probate process be avoided?

Probate process is not always necessary. Some assets, such as jointly owned property, life insurance policies, or retirement accounts with named beneficiaries, may pass directly to the designated beneficiary outside the probate process. Also, the state of Ohio allows for simplified probate process for small estates. In those cases, where the value of the probate estate is less than $35,000, the court may be waived of its jurisdiction and the estate can be settled by the individual without court involvement. In Ohio, it’s important to understand the probate process and your role in it if you are named as an executor or administrator, an heir or a potential beneficiary. Also, if you are looking to avoid probate or have concerns about the process, it’s best to consult with an attorney who can help you understand your options and guide you through the process. Please call Brenden Kelley Law at 216-644-3359 so that we can assist you.
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