A justice scale with a judge's gavel on one side, and a paper house on the other, signifying law of personal assets, probate specifically.

What is Probate?

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A justice scale with a judge's gavel on one side, and a paper house on the other, signifying law of personal assets, probate specifically.

Probate is a legal process that takes place after someone passes away. It’s how the courts make sure a person’s assets—like money, property, or possessions—are distributed according to their wishes if they left a will, or by state law if they didn’t.

Think of probate as a way to tie up any loose ends, like paying off debts or taxes, and making sure the right people receive what they’re supposed to. For example, if a family member leaves you an heirloom, probate confirms it as per their will, and helps officially transfer it to you.

Probate can be a long, stressful, and expensive process—but it doesn’t have to be. At Jarvis Law Firm, we believe in empowering families to take control of their estates with smart planning that simplify asset transfers, save money, and protect loved ones from unnecessary hassles. 

Key Takeaways

  • Probate is the legal process of settling a deceased person’s estate by distributing assets and paying debts.
  • Probate provides fairness and legal oversight in asset distribution and debt settlement.
  • The process involves filing the will, appointing an executor, valuing assets, paying debts, and distributing property.
  • Key participants include the executor, beneficiaries, probate court, and creditors.
  • Strategies like living trusts, joint ownership, and payable-on-death accounts can bypass probate.

Why Is Probate Necessary?

Probate is necessary to make sure a person’s estate is handled with care after they pass away. It provides a legal way to settle debts, transfer property, and follow the instructions in someone’s will—or state law if there’s no will.

According to the 2024 Wills and Estate Planning Study by Caring.com, while 64% of Americans agree that estate planning is important, only 32% have actually taken the step of creating a will. This disparity shows a common challenge—many families face unnecessary legal hurdles, such as probate, simply because they aren’t prepared. 

Here are some key reasons probate is needed:

  • Validating the Will: If there’s a will, probate confirms it’s real and reflects the person’s wishes.
  • Resolving Disputes: Probate helps settle disagreements among family members or others about who should get what.
  • Paying Debts: The court guarantees that any remaining debts, taxes, or bills are paid before distributing assets.
  • Transferring Assets: It officially transfers ownership of the deceased person’s belongings to their beneficiaries.

With a clear understanding of the probate and estate administration process, families can handle it more effectively and guarantee that their loved one’s wishes are honored. 

5 Steps in the Probate Process

black card next to a paper house that says ''probate''

The probate process follows a series of steps to settle an estate and distribute assets. Here’s a simplified look at what happens:

  1. Filing the Will with the Court:
    • If there’s a will, it needs to be submitted to the local probate court to start the process. If there’s no will, the court still opens probate to follow state inheritance laws.
  2. Appointing an Executor or Administrator:
    • The executor named in the will (or a court-appointed administrator if there’s no will) takes charge of managing the estate. This person is responsible for making sure everything runs smoothly.
  3. Identifying and Valuing Assets:
    • The executor gathers all the deceased person’s property—like bank accounts, real estate, and personal items—and determines their value.
  4. Paying Debts and Taxes:
    • Any debts, like credit card balances or medical bills, and taxes owed by the estate must be paid before assets can be distributed.
  5. Distributing Remaining Assets:
    • After debts and taxes are settled, the executor makes sure that the remaining property is passed on to the beneficiaries named in the will or decided by state law.

Who Are the Participants in the Probate Process?

Several people and groups are involved in the probate process, each with specific roles and responsibilities. Key participants in probate include the executor, beneficiaries, and courts, but selecting the right executor or using a durable power of attorney can simplify matters significantly. Here are the participants of the probate process:

  • The Deceased (Decedent):
    • The person who has passed away and whose estate is being settled.
  • Executor (or Administrator):
    • If there’s a will, the executor is the person named to carry out the deceased’s wishes, like paying debts and distributing property.
    • If there’s no will, the court appoints an administrator to handle these tasks.
  • Beneficiaries:
    • These are the people or organizations named in the will to receive the deceased’s assets, like family members or charities.
    • If there’s no will, state laws decide who inherits.
  • Probate Court:
    • The court oversees the entire process to make certain it follows the law. It resolves disputes, such as disagreements regarding the will or who should inherit.
  • Creditors:
    • People or companies owed money by the deceased, like lenders or hospitals. They can make claims to be paid from the estate before assets are distributed.
  • Attorneys and Legal Advisors:
    • Many families hire probate attorneys to help handle the legal requirements and paperwork involved in the process.

Probate is a team effort, including courts, beneficiaries, and legal representatives. A well-structured power of attorney could make all the difference and empower your executor. 

How Much Time and Money Does Probate Take in Ohio?

Probate can be costly and time-consuming, depending on the estate’s complexity. Knowing what to expect helps families plan ahead. The typical timeframe and cost can vary depending on the type of estate, and other factors.

  • Timeframe: Probate typically takes 6–12 months for simple estates, and can stretch years for big estates if there are legal challenges or extensive debts. 
  • Costs: Ohio’s costs are moderate, comparable to national averages but with slightly lower filing fees in many counties.
  • Privacy Concerns: Probate records in Ohio are public, exposing estate details to anyone.

5 Common Costs of Probate in Ohio:

Probate costs in Ohio can significantly impact an estate’s value, depending on its complexity and size. Probate can significantly reduce the value of an estate, with costs typically ranging from 3–7% of the estate’s total value, according to the 2023 “Cost of Probate” report by the AARP. Here’s a breakdown of typical expenses:

  1. Court Fees:
    • Filing fees vary by county but generally range from $150 to $300 in Ohio.
  2. Attorney Fees:
    • Attorneys in Ohio often charge by the hour or a percentage of the estate’s value, typically 4%–6%.
  3. Executor Fees:
    • Executors are entitled to fees under Ohio law, calculated based on a percentage of the estate’s assets (e.g., 4% for the first $100,000, 3% for the next $300,000).
  4. Appraisal Fees:
    • Costs for professional appraisals (e.g., real estate or valuable items) can range from $300 to $1,000, depending on the asset.
  5. Miscellaneous Costs:
    • Administrative expenses such as document preparation, postage, and court-required notifications add to the overall cost.

4 Alternatives to Probate

Ohio residents often plan their estates to avoid probate costs and delays through living trusts, joint ownership,  payable-on-death accounts, and gifting assets. These tools provide faster asset transfer and maintain privacy, unlike the public probate process. Here are 4 methods to bypass probate and simplify the transfer of assets:

  1. Living Trusts
    • Assets in a trust avoid probate because the trust legally owns them.
  2. Joint Ownership
    • Property owned jointly (like a shared bank account) automatically goes to the surviving owner.
  3. Payable-on-Death (POD) Accounts
    • Bank accounts or investments with designated beneficiaries are transferred directly without probate.
  4. Gifting Assets
    • Giving away property while alive reduces the estate’s value and avoids probate.

Legal and Regional Considerations in Ohio

In Ohio, probate laws determine how estates are handled, affecting everything from who inherits property to the costs and time involved. Understanding Ohio’s specific rules can help to keep the process efficient and avoid complications.

Key Probate Rules in Ohio:

  • Small Estate Thresholds:
    • Estates valued under $35,000 (or $100,000 if the surviving spouse is the sole heir) may qualify for Ohio’s simplified probate procedures.
  • Executor Requirements:
    • Executors must be at least 18 years old, of sound mind, and not convicted of a felony. Out-of-state executors are allowed but may need to appoint a local agent.
  • Intestate Succession Laws:
    • If someone dies without a will, Ohio law prioritizes inheritance as follows:
      • Spouses and children inherit first.
      • If there are no immediate family members, other relatives may inherit, like parents, siblings, or extended family.
  • Probate Court Process:
    • Each county in Ohio has its own probate court. Executors must file documents with the court, including the will (if available) and an inventory of assets.
    • Some counties offer online filing options for simpler estates.

Resources for Ohio Residents

  • Ohio Probate Courts: Contact your local probate court for county-specific guidance.
  • Simplified Probate Forms: Ohio provides official forms for small estates on state and county websites.
  • Ohio Revised Code: Check Chapter 2101 for detailed probate laws and procedures.

Contact Jarvis Law Office Today!

Ready to take the stress and uncertainty out of probate? Jarvis Law Firm is here to guide you every step of the way. From setting up your trust to making sure your assets are properly aligned, we provide the tools, resources, and personalized support you need. 

Schedule a consultation today and let us help you build a plan that keeps your estate safe, efficient, and stress-free for your loved ones.

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