Understanding the Probate Process in Westerville
When a person passes away, whether they have a will or not, their estate must undergo probate. This legal process involves verifying the will’s validity and settling the decedent’s estate.
Beneficiaries cannot take possession of their inheritance until probate is complete. The duration of this process varies, and for larger estates, beneficiaries might have to wait several months or even over a year.
Probate can be a complex process, but legal help is available. Our Westerville, Ohio, probate and estate administration attorney can help you administer the estate. We are also available if you believe the administrator or executor isn’t acting in the estate’s best interest. Contact us today to discuss your case.
What Assets Don’t Go Through Probate?
Only some assets have to go through the probate process. Non-probate assets include:
- Assets inside of a revocable or irrevocable trust
- Jointly owned assets
- Assets with designated beneficiaries
- Transfer-on-death assets
Types of Probate in Westerville
Westerville, Ohio, offers three primary types of probate proceedings. The first is simplified probate, applicable when an estate is valued at less than $50,000. This option also applies if the estate is under $100,000 and solely inherited by a spouse.
The next option is a summary release from administration, which is available for estates valued at less than $5,000. This type also qualifies if the estate’s value matches or is less than the funeral costs.
If an estate does not qualify for simplified probate or summary release, it will proceed through formal probate. This process is more intricate and may involve legal disputes.
Our Westerville estate administration and probate lawyer can protect your estate’s interests during the process.
Responsibilities of an Executor or Administrator
When drafting a will, you can designate an executor to manage your estate. If no executor is named, the probate court will appoint an administrator, often the surviving spouse if possible. The executor or administrator’s first task is to validate the will. They will then inventory the estate’s assets and arrange for their appraisal.
Afterward, the executor or administrator is responsible for settling any taxes and debts. Once these obligations are met, they will proceed to distribute the remaining property to the beneficiaries.
While some administrators and executors choose to handle probate themselves, many find that hiring a trust administration and probate lawyer makes the process much easier. From legal challenges to record-keeping, our Westerville probate administration attorney can assist with every aspect of probate.
What If There Are Challenges to the Will?
Probate can bring about will challenges, requiring the intervention of a skilled probate and estate administration attorney.
Anyone with legal standing may contest a will with valid reasons. Therefore, our Westerville probate lawyer offers guidance whether you are defending or disputing a will.
We support executors in court and assist in challenging wills when necessary. Contact us today to discuss your options.
Does Probate Take a Long Time?
Probate typically takes approximately nine months. However, the process can be complicated by the estate size and any legal factors that arise.
Our Westerville probate and estate administration attorney simplifies the process by managing probate court guidelines, legal challenges to the will, and creditor interactions.
