Ohio Probate Lawyer Blog

This is one of the most common questions for personal representatives of a deceased person's estate and for many heirs. The answer, of course, is "it depends." The chief determining factors are the size of the estate, the complexity of the assets, the number of heirs, and whether there are likely to be any disputes or will challenges. Taking into account those factors, it is possible to at least estimate how long an Ohio probate estate will take to administer.

Summary Release from Administration in Ohio

For very small estates, summary release from administration is available. This means that there is no probate process at all. An estate qualifies for a summary release from administration if it is valued at $5,000 or less, or if it is valued at $45,000 or less and a surviving spouse inherits the entire estate and is entitled by law to a family support allowance, and the surviving spouse has paid the decedent's funeral expenses or is under obligation to do so.

Release from Administration

Not to be confused with summary release from administration, Read More

One common way that people try to avoid the probate process is by holding assets jointly with other people, such as a spouse or adult child. If the documents creating the joint ownership are executed properly, the asset will pass directly to the surviving joint owner when one of the owners dies.

This is good news for most people, but unfortunately it usually doesn't eliminate the need for probate. What joint ownership of a bank account may do is help reduce the size of the probate estate so that it qualifies for the small estate process.

Often, however, individuals with bank accounts large enough to potentially affect whether their estate is considered "small" have enough other assets for their estates to require probate. A better way to avoid probate altogether is with the use of a living trust and/or other estate planning tools.

How to Keep Joint Bank Accounts Out of Probate

Regardless of whether having a joint bank account lets you avoid probate altogether, you do… Read More

If the deceased person (decedent) had a will, the will almost certainly named an executor. The probate court for the county in which the decedent was domiciled will need to admit the will to probate and will most likely appoint the named person as executor of the estate.

Wait, isn't the court obligated to appoint the executor that the decedent chose? Yes and no. The Ohio Revised Code says that the court shall issue letters of appointment to an an executor named in a will if the person named is "suitable, competent, accepts the appointment, and gives bond if that is required." If a named executor is deceased, incarcerated, or otherwise unsuitable, the court will name a different executor.

The person whose will is being probated may name co-executors, as permitted by law. Co-executors must be willing and able to work together for the benefit of the estate and heirs.

What's the Difference Between an Executor of an Estate, an Administrator, and a Personal Representative? Read More

There's no automatic process for probating an estate when someone dies in Ohio. Someone must take steps to file a will with the probate court or otherwise open a probate case. But what happens if no one does?

The answer depends in part upon whether the deceased person (decedent) is known to have left a will. If they did, and an heir has the power to submit it for probate but without good cause intentionally fails to probate the will within a year of the death, they could lose their right to inherit under the will. If there is no will, and a person (like a close family member) would be entitled to administer the estate, they are obligated to open a probate estate within a reasonable time. If they do not, they could lose their priority to administer the estate..

Risks of Failing to Settle an Estate

One risk of failing to settle an estate is that estate assets cannot be properly transferred to others, Read More

Whether you need a probate lawyer to help with the estate of a deceased loved one, assist with a guardianship, or represent you in an Ohio probate dispute, you should make sure the attorney who represents you can meet your needs. But how do you choose a probate attorney?

You may not have the luxury of weeks or months to research and interview different attorneys, although you should certainly do as much research as you are able. Here are five questions to help you get to the bottom of things in the limited time you may have.

How long have you been practicing Ohio probate law?

New attorneys may be very smart, diligent and responsive—all good traits. If you interview a newer attorney and are confident in their abilities, by all means consider retaining them. But remember that there is also no substitute for experience. Experienced Ohio probate attorneys are familiar with the practices of the local probate courts,… Read More

If you've been named the personal representative (also known as the executor or administrator) of an Ohio probate estate, you may be concerned about how best to fulfill your duties, or even whether you're able to do so. You may feel honored to have been chosen as an executor, but unsure whether you were the best choice.

You're right to feel some trepidation. As a personal representative of the estate, you could have personal liability for failure to properly carry out your duties as executor. It's natural to want to delegate those duties to someone else if you can. But should you withdraw? And if you should, how do you go about doing so?

Do I Have to Serve if I am Named as Executor in a Will?

You may feel a sense of personal obligation to the deceased to serve as executor if a loved one selected you and named you as such in their will. However, rest assured that you have no legal obligation to serve in that capacity. There is no set time by which you must refuse your appointment or renounce it if you have already accepted it. However, as a general rule, the ea… Read More

The short answer to this question is: sort of. Unlike other states, like Colorado, which require a will to be submitted to probate within days of the death, or Pennsylvania, which has a criminal statute for failing to submit a will for probate, Ohio has neither a strict time limit nor a criminal penalty for failing to probate a will.

However, with or without a will, there are a number of reasons you might want to open a probate case if one of your family members has passed away.

What Happens if I Don't Open a Probate Case?

You won't go to jail for failing to open a probate case in Ohio, but that doesn't mean there won't be consequences. Under Ohio law, if you are the beneficiary of a will, and you know of the will's existence and have the power to do so, you are obligated to have it submitted for probate within a year. If you intentionally withhold or conceal it or cause it not to be probated absent reasonable cause, you lose your right to inherit under the will.

For many people, avoiding the probate process and having their assets pass outside of probate after their death is a priority. Ordinarily, having a life insurance policy does not interfere with that goal. In most cases, the proceeds of a life insurance policy pass directly to the named beneficiary without any probate involvement.

However, there are circumstances in which life insurance benefits must go through probate, which can delay payment to loved ones and even reduce the amount of funds available through the policy. Fortunately, there are relatively simple ways to avoid these situations, and ensure that funds are available for you loved ones when they need them.

If Your Life Insurance Beneficiary Has Died

What happens if you have someone named as the beneficiary of your life insurance policy, and your beneficiary dies? The answer depends on when the beneficiary dies. If they die before you, the policy benefits will go to any co-primary benef… Read More