How to Handle an Out-of-State Inheritance in Ohio

Receiving an inheritance can be an overwhelming and emotional experience. It can also raise unexpected legal complexities. This is especially true if the inheritance crosses state lines. However, with proper guidance and an understanding of the legal issues involved, you can successfully navigate an out-of-state inheritance while protecting your interests and honoring your loved one’s wishes.

When you inherit assets, property, or financial accounts from someone who lives in another state, you must address two sets of state laws: those that govern the asset or property in the state where your deceased relative lived, and those that govern inheritance in your home state. This dual jurisdiction can present complex legal challenges, including an unfamiliar probate process and the need to manage real estate in another jurisdiction. Understanding your legal rights, duties, and obligations is essential to avoiding costly mistakes and unnecessary delays. The Ohio probate team at Gudorf Law Group, LLC, can provide legal advice and guidance to help you successfully navigate these issues.

Understanding Ohio Probate for Out-of-State Heirs and Beneficiaries

Probate is the legal process of administering a deceased person’s estate. It is overseen by the probate court and generally involves appointing an estate executor or personal representative who identifies and inventories the deceased person’s assets, pays their legally enforceable debts and taxes, and distributes the remaining assets to the deceased person’s heirs and beneficiaries. If the deceased person owned property in Ohio, the property generally must pass through Ohio’s probate system.

There are two categories of individuals who inherit the deceased person’s assets: heirs and beneficiaries.

• An heir receives assets from someone who passed away without a Will (“intestate”). Courts identify heirs through state intestacy laws. They are typically the deceased person’s blood relatives.
• A beneficiary receives the deceased person’s assets because they were named in the deceased person’s Will or trust (the individual died “testate”).

Key Considerations for an Out-of-State Inheritance

Ohio’s probate process is relatively straightforward, but it has some specific requirements that may apply to an out-of-state heir or beneficiary.

• Estate administration is governed by the laws of the state where the deceased person lived.
• Ohio state law applies to Ohio real estate, even if the deceased person lived in another state.
• Out-of-state heirs and beneficiaries who inherit property in Ohio must comply with Ohio tax laws.
• If you live out of state and inherit property in Ohio, you may not need to physically appear in court. An Ohio probate attorney may be able to represent your interests remotely.

How an Ohio Probate Attorney Can Help with an Out-of-State Inheritance

Knowing how to handle an out-of-state inheritance can be challenging. The experienced Ohio probate team at Gudorf Law Group can provide comprehensive support throughout the process, protecting your interests and handling the out-of-state inheritance on your behalf. We can:

• Handle court filings and ensure documents are filed properly and deadlines are met.
• Communicate with the court and appear on your behalf, reducing or eliminating the need for you to travel to Ohio.
• Manage asset distribution and facilitate the smooth transfer of real estate, personal property, or investments.
• Protect your interests if conflicts arise between heirs, beneficiaries, or creditors.
• Facilitate the sale or transfer of real estate or other property.

Do You Need to Travel to Ohio to Handle an Out-of-State Inheritance?

Some out-of-state heirs or beneficiaries are concerned about needing to travel to Ohio to resolve an inheritance. Fortunately, with modern technology, many legal matters can be handled remotely. Our probate team can communicate with you via phone, email, or video conference, and most documents can be signed and notarized remotely. Certain situations will require in-person involvement, such as claiming physical assets like jewelry, vehicles, or artwork, or if the probate hearing is particularly contentious.

What To Do If You Receive an Out-of-State Inheritance

Given the complex nature of multi-state probate and estate planning, working with an attorney who knows how to manage an out-of-state inheritance is crucial. If you received an out-of-state inheritance:

• Confirm that you are a named beneficiary or an heir under Ohio intestacy laws.
• Secure copies of important legal documents, like the Will, trust, death certificate, and the deceased person’s financial statements.
• Consult with an Ohio probate attorney who can explain your rights and the probate process and handle the out-of-state inheritance on your behalf.
• Consider any tax implications to ensure compliance with Ohio and federal tax laws, as well as the tax laws in your state.

Can You Avoid Out-of-State Probate?

Out-of-state inheritance can be simplified through sound estate planning. By placing assets in a trust, probate is no longer necessary as trust assets transfer outside of probate. If you have loved ones who live out of state and would like to avoid the challenges of an out-of-state inheritance, consider including a trust as part of your estate plan.

Contact Gudorf Law Group Today

Gudorf Law Group is located in Dayton and serves clients throughout Ohio, as well as out-of-state clients who need assistance with an Ohio probate matter. Contact us today to schedule a consultation to discuss your situation and how we can assist you.