Probate & Estate Administration Attorney in Akron, OH

How Does Probate Work?

Probate is a legal process that may take place after someone dies. A special probate court will ensure that the deceased person’s (“decedent”) debts and taxes are paid and the remaining assets pass to the rightful heirs.

The person responsible for satisfying all debts and taxes and transferring the assets is called an executor and is usually named in the decedent’s will. If the decedent dies without a will or the named executor isn’t able or willing to serve, the court will appoint an administrator instead, which is effectively the same role as an executor. The surviving spouse has priority for appointment as administrator.

To start the process, the court will issue a document called Letters of Authority that grants the executor or administrator authority to manage the estate. The duties of an Ohio executor or administrator include:

• Establishing the validity of the will in court
• Gathering, inventorying, and safeguarding all of the decedent’s assets
• Seeking a formal appraisal of the assets
• Paying the decedent’s debts and taxes using estate funds
• Distributing any remaining property per the will or, if there is no will, per state law
• Keeping detailed records of the management and distribution of estate assets

The assets will only pass to the respective heirs once the probate process is complete. This is why many people use various legal strategies to avoid probate and ensure that their heirs will be able to access the inheritance sooner. Our probate attorneys can analyze your estate and recommend suitable probate avoidance tactics.

What Should You Know About the Ohio Probate Process?

Probate in Ohio can be complicated. You shouldn’t navigate the process without the help of an experienced probate attorney. Here are the basics you should know going into probate:

Not All Estates Must Go Through Probate in Ohio

While common, probate isn’t always necessary. Some assets don’t need to go through probate and pass directly to the respective heirs or beneficiaries. Examples include:

• Assets held in a trust, such as a revocable living trust 
• Insurance policy proceeds payable to a named beneficiary
• Assets with a beneficiary designation, such as retirement accounts or payable-on-death bank accounts
• Real estate held in survivorship tenancy or joint survivorship, which passes directly to the surviving owner
• Real estate subject to a transfer-on-death deed, also known as a transfer-on-death designation affidavit
• Assets held by a married couple in tenancy by the entirety, if the tenancy was set up between 1972 and 1984

Any other property types will likely need to go through probate. However, certain small estates may be eligible for a simplified probate procedure or avoid probate altogether.

Simplified or No Probate for Small Estates

Ohio has a simplified, quicker, and less expensive probate procedure for small estates. This procedure is called release from administration and is available if:

• The estate’s value is $35,000 or less; or
• The estate’s value is under $100,000, and the surviving spouse inherits the entire probate property under the decedent’s will or by Ohio state law.

A release from administration probate should take just two to four months.

For even smaller estates, no probate at all is necessary. These estates may be able to avoid probate through a procedure called summary release from administration if:

• The estate’s value is less than the amount of the funeral expenses; or
• The estate’s value is under $5,000, whichever is less.

If so, anyone who has covered or is obligated to cover those expenses, except the surviving spouse, may request a summary release from administration from the court.

Alternatively, the surviving spouse may request summary release from administration if:

• The spouse inherits the entire estate and has a right to a family support allowance;
• All of the decedent’s assets are worth less than $45,000; and
• The surviving spouse has paid or is obligated to pay the funeral costs.

Probate Can Take Up to a Year

Probate can take a long time in Ohio. By law, creditors have six months to file a claim against the estate, so the process must last at least that long. Beyond that, straightforward cases can often wrap up within about nine months after the appointment of an executor or administrator. However, if the estate is subject to federal estate tax, probate can easily drag for a year or more.

The process will also experience delays if an heir or beneficiary contests the will, alleging that the decedent was under duress or of unsound mind when signing the will. Eligible parties have three months to file a will contest after being notified of the probate. That said, will contests are rare.

Talk to an Experienced Probate and Estate Administration Lawyer

Probate can be costly, time-consuming, and emotionally taxing for everyone involved. At {LAW FIRM NAME}, we can analyze your estate and suggest probate avoidance strategies that can save your heirs a great deal of hassle and red tape in the future. We can also assist you in all aspects of estate administration services if you are already facing probate after the passing of a loved one.

Call us or contact us online to schedule a consultation with an experienced probate lawyer in Akron, OH.