An Overview of Probate Administration in Ohio

The process of settling the estate of a loved one can be time consuming and emotionally draining. Finding your footing within the complex legal system can be a challenge, especially if you are unfamiliar with the process. In this blog post, I'll walk you through some key information to help guide you through the probate process with confidence.

Understanding the Probate Process

Probate is a legal process that ensures the rightful distribution of a person's assets after they have passed away. In general, an estate is classified in one of two ways: testate or intestate. Understanding this distinction is crucial because it dictates much of the probate process.

“Testate” probate applies when the individual has a valid Will at the time of their death.

“Intestate” probate occurs when they do not have a valid Will at the time of death.

To start the probate process, you will need the original death certificate and the original Will (if there is one), which you will use to open an "estate" with the county probate court. You will need to list the next of kin, anyone listed in the Will (if applicable), as well as a general list of assets.

Identifying Estate Assets

After opening the estate, it is essential to take precise stock of the estate assets. This process often involves sifting through paperwork, such as bank statements, retirement account statements, deeds, titles and tax information, to compile a list of all known assets. After the estate has been opened and all of the assets have been located, a report, called the "Inventory", will be presented to the Court, listing the value of all of the assets in an estate. Often, professional appraisals will be necessary to determine the exact value of certain assets. It is crucial to ensure the estate Inventory is complete, as it will help to prevent possible legal battles and delays during the probate process.

Distribution of Estate Assets

After the probate court approves the list of assets presented in the Inventory, then it is time to determine who gets what. This is a complicated and often fraught process, as not every beneficiary or family member is happy with the outcome. This is also when the distinction between a “testate” and “intestate” estate is crucial. If the estate is testate, meaning there is a Will, then the assets will be distributed in accordance with the terms of the Will. If the estate is intestate, meaning there is no Will, then Ohio law will determine who will inherit, and what they will get. Ohio law can produce unexpected results, which if not handled correctly, can lead to protracted disputes which often end up in litigation.

But once any of these issues have been resolved, it is time to finalize and close the estate. After any required taxes, debts and fees have been paid, the remaining assets will be distributed to their rightful beneficiaries and a report of the final distribution will be filed with the Court. Once the Court approves the report, the estate can be closed.

While this entire process can be overwhelming, understanding how it works can make it a bit less daunting. Some aspects of the process may be more complicated than others, but with the help of a professional probate attorney, an estate can usually be handled efficiently and without too much stress. Take some time to consider this important step and ensure that you are adequately prepared. With the right legal partner, you can navigate probate administration in Ohio worry-free. Ready to get started with probate administration? Reach out to info@LBesq.com or (614) 334-6850 today.