PROBATE

If you find yourself faced with the probate process, it doesn't have to be confusing or frustrating. Let us simplify the situation for you so you can take care of what's important, your family and your loved ones.

Why is Probate Necessary?

When an Ohio resident dies owning probate property in the state, a legal proceeding to determine the deceased's assets, their value, and the method of distribution to heirs is provided for by law. This proceeding is called probate, and it occurs whether the person dies with or without a will.


Probate takes place in the probate court of the county where the deceased property owner resided. If the decedent also owned property in another state, additional (ancillary) proceedings may be necessary in that state. Probate is necessary to protect the decedent's assets for the heirs, creditors, and other persons due money from the estate and to ensure the collection of money due to the estate.


Probate provides for payment of outstanding debts, taxes, and the expenses of administration and for the distribution of the remainder of the estate to the heirs.

What steps does a probate administration involve?

Probating an estate requires the appointment of a person to conduct the administration of the estate. If there is a will, this person is usually named in the will and is called an executor. If there is no will, this person is appointed by the probate court and is called an Administrator. The executor or administrator may be an individual, a bank, or a trust company. These persons are generally referred to as fiduciaries, and they may be required to post a surety bond to protect the estate's assets.

YOUR PROBATE LEGAL STRATEGIES

  • The cost of the probate process depends on several factors: the value, the type, and the difficulty of administering the assets going through the probate process.
  • Having a will doesn't mean that what's in the will avoids probate. The will must be administered and filed with the probate court if there is a will.
  • Probate can be a good thing. By going through the probate process, the decedent's bills can get paid per the law, which may relieve the stress and anxiety of those left behind.
  • Attorneys are generally paid by a set schedule based on the value of assets that go through probate. If there is probate to be done, the cost might not be as much as you think.
  • If you tackle the probate process yourself without the assistance of a lawyer, be prepared for many trips to the courthouse. Do you have that kind of time?
  • Probate takes time and patience; there are many stages in the process. Relieve yourself of the burden of probate and get help now.
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