Probate and Estate Administration in Ohio
When people pass away with or without a will, their estates must go through probate. This is the process of validating aspects of the will and settling the estate of the decedent. The beneficiaries cannot receive the property until the probate process is finished.
Depending on the size of the estate, beneficiaries might have to wait months or even over a year to reach the conclusion of the legal process.
Probate can be a complex process, but legal help is available. At Jarvis Law Office, our 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 Ohio
There are three main types of probate in Ohio. First, there is simplified probate. Your estate will qualify for this if it’s worth less than $50,000. In addition, you’ll qualify if your estate is valued under $100,000 and your spouse inherits everything.
Next, there is a summary release from administration. You will qualify for this if your estate is valued at under $5,000. You’ll also be eligible if your estate’s value is equal to or less than your funeral expenses.
If your estate doesn’t meet the criteria for simplified probate or a summary release from administration, it will undergo formal probate. This is a bit more complicated and might include legal contests.
An Ohio probate and estate administration lawyer can protect your estate’s interests during the process.
Duties Of The Administrator Or Executor
You can name someone to serve as your executor when drafting your will. If you fail to do so, the court will name an administrator. This is normally the surviving spouse, if applicable. The executor or administrator will begin by validating the will. Then, he or she will inventory the assets and have them appraised.
Next, the person must pay the taxes and debts. Once that is done, the executor or administrator will distribute the property.
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 probate administration attorney can assist with every aspect of probate.
Contesting Wills
Will contests occur from time to time during probate. Anyone who has legal standing and the grounds to do so can contest a will. Our Ohio probate and estate administration lawyer can help with both sides of will and trust contests.
If you are the executor or administrator, we can help you defend the will in probate court. On the other hand, we can help you file a claim to dispute the validity of a will if necessary. Contact us today to discuss your options.
How Long Does Probate Take?
The length of probate varies based on the size of the estate, legal challenges, and other issues. However, it normally takes approximately nine months to complete. Hiring an Ohio probate and estate administration lawyer can help you expedite the process.
Your probate attorney will ensure that all guidelines are followed and can handle legal and creditor challenges for you.
