The Probate Process
In Ohio, there are clear, step-by-step procedures for administering a person’s final affairs, whether he or she died with or without a will. You’ll want a probate lawyer you can trust to help you through the process. Probate is the process of administering a person’s will. While implementing the terms of revocable living trusts, irrevocable trusts, and other alternative estate-planning tools is referred to more broadly as “estate administration.”
However, while Ohio’s probate procedures are less complicated than those in many other states, it is still common for personal representatives, beneficiaries, heirs, and other interested parties to run into issues during the process. From choosing the correct form of probate to dealing with will contests and other disputes in probate litigation, there are a number of reasons why those preparing for probate or estate administration may need the help of an experienced, licensed probate lawyer.
If you have been named executor of someone’s estate, or if you have recently lost a loved one and want to make sure that his or her final wishes are carried through, probate lawyers Abbie Obenour can help. They are compassionate advocates who take a diligent and thorough approach to protect their clients’ interests.
Our Approach to Probate Lawyer Services
While probate is a legal process, it is also deeply personal and emotional, and it touches people in a way that is unique in the legal field. It can also be confusing for those who aren’t familiar with the options and procedures that are involved. Mistakes can lead to delays at a time when most people simply want to do what is necessary as quickly as possible.
Understanding the Probate Process in Ohio
While everyone’s situation is unique, there are certain uniform steps that everyone can expect to encounter during probate:
- Gather the facts, including interpretation of the decedent’s will
- Filing the application to initiate probate
- Court hearing on application for executorship
- Inventory and appraisal of estate assets
- Payment of valid creditors’ claims
- Transfer of remaining estate assets to beneficiaries and heirs
- Making all necessary tax filings
Ideally, the probate process goes smoothly; the creditors get paid without issue, and the decedent’s beneficiaries and heirs receive the assets to which they are legally entitled. However, there are a number of issues that can lead to disputes during probate, and oftentimes these disputes will end up in probate litigation.
I am the closest relative, but I don’t have time to deal with everything. Now what?
What is a Letter of Testamentary?
What are the steps involved in non-probate estate administration?
- Ascertaining with assets have beneficiaries named
- Provising a death certificate and information about the beneficiary to the holding institution
- Recording the death with the county recorder for real estate with a named beneficiary
- Recording the death with the county title agency for motor vehicles with a named beneficiary
- Implementing the terms of revocable and irrevocable trusts
What if my loved one left a will and a trust?
What is the role of a personal representative?
What are some of the types of issues that can lead to probate litigation?
While litigation is a possibility, it is possible that the parties will resolve their differences out of court. There are several common issues that can potentially lead to probate litigation:
- Allegations of undue influence on the person who made the Last Will and Testament
- Allegations of theft of estate assets
- Disagreements over interpretation of the terms of a will
- Disputes among beneficiaries and heirs
- Disputes regarding creditors’ claims
- Fiduciary claims against the personal representative or executor
When do beneficiaries and heirs receive assets from decedent’s estate?
Will I need to come to Ohio to probate my loved one’s estate?
We offer free consultations so that you can make an informed decision about your legal representation without the pressure of paying a retainer fee. Ask us your questions, and we will walk you through the process and the time frame. To schedule a consultation, contact our Worthington law office online or call (614) 678-8848.
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