» Probate Process

What is the Probate Process?

In a nutshell, the probate process involves identifying the assets of a recently deceased person (decedent), gathering them, inventorying and valuing them, and distributing them to the decedent's heirs. Prior to distributing assets, the personal representative or administrator of the estate must notify any creditors of the estate of the decedent's death.

If there is a will, it must be submitted to the probate court for authentication. If the will names a personal representative, the court will appoint that person to administer the estate unless he or she is ineligible, unwilling, or unable to do so. If there is no will, the court will appoint someone suitable as administrator of the estate, often a close relative of the decedent.

Understanding What Assets Go Through Probate in Ohio

In general, any assets that the decedent owned in his or her own name at the time of death go through probate. This means that property owned jointly, like joint bank accounts or jointly-held real estate, are not subj… Read More

What Does it Mean to Probate a Will?

The word "probate" itself means to prove or validate. So, probating a will is the process of proving that the document is authentic, a true representation of the wishes of the person making the will, known as the testator. Even if a last will and testament truly represents the testator's wishes, however, it must also meet certain legal requirements to be valid and legally enforceable in Ohio.

A will generally does not have any legal effect until it is probated. Let's say a testator keeps his will in his desk drawer, and his wife, who knows the will's location, is named as personal representative. When the testator dies, the wife cannot simply take out the will and distribute the property as it dictates. The Ohio probate court for the county in which the deceased testator lived must first probate the will, then oversee the distribution of assets. If a testator lived outside of Ohio, but owned real property in Ohio, his or her will must be probated in Ohio as well as the home state.

Why Must Wills Be Probated?

W… Read More