MDS Law | Law Office of Matthew D. Scott | Estates | Trusts | Elder Law
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MDS Law Ohio

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Guidance For All The Steps Of Probate And More

Last updated on July 23, 2024

The aftermath of a loved one’s death is exceedingly emotional. Navigating the probate and administration process is difficult, especially when grieving. At MDSLaw Ohio, we can assist you with every step of probating or administering an estate. We serve clients in Marietta and the surrounding area who need trustworthy counsel regarding probate law.

Ohio Probate: What To Know

Estate administration refers to the steps taken after someone dies. Probate is one of the most important parts of estate administration. In Ohio, estates with assets worth less than $35,000 do not have to go through probate. If the estate is worth more, then the executor named by the decedent must proceed to probate court. The executor or administrator has many other duties, including:

  • Contacting beneficiaries
  • Notifying creditors
  • Filing taxes
  • Inventorying assets
  • Distributing assets

After finishing these steps, the final action is to file an accounting with the probate court to have them close out the estate.

Ohio Probate FAQs

The probate process can leave you with many questions. These are a few of the ones we hear most from our clients:

What is probate court in Ohio?

In Ohio, probate courts are responsible for distributing the assets of a descendant who passed away. Every county in the state has a probate court and whatever county the descendant lived in at the time of their death is the county that typically oversees their estate. If the descendant has a will, the probate court will distribute assets based on the requests made in the will. If the descendant does not have a will, the probate court can usually decide how to distribute the assets. Ohio probate courts can also hear cases from loved ones challenging the legitimacy of the descendant’s will.

The probate process can take around nine months. However, that can depend on many factors. If your loved one has a complex estate, probate could take longer than nine months.

You have one year from the descendant’s death date to file probate in Ohio. Additionally, if you know the descendant has a will, you must file probate within the year-long timeframe. If you don’t, it could affect your inheritance.

Yes, Ohio probate records are public information; you can find them on your loved one’s county website. In Washington County and surrounding Ohio counties, some records may be closed for circumstances that require confidentiality. You are encouraged to contact an Ohio probate lawyer if you have additional questions.

Important Ohio Laws To Know As An Estate Administrator

There’s a lot to know when administering an estate in Ohio. It’s crucial to understand that not all assets go through probate; only those solely owned by the deceased and without designated beneficiaries are subject to this process. While you may have to pay federal taxes on your estate, Ohio does not have an estate tax. This can help alleviate some stress as you continue to grieve.

The size of the estate also matters. Small estates, typically valued under $35,000 (or $100,000 if the surviving spouse is the sole beneficiary), may qualify for a simplified probate process. Larger estates can require a more detailed and time-consuming administration process.

Avoid Common Ohio Probate Delays

Common issues during probate include disputes among beneficiaries, locating assets, and paying off estate debts. Each of these scenarios can significantly increase the time assets take to go through probate in Ohio. While some are unavoidable and are completely reliant on external factors, our experienced Marietta probate attorney can guide you through the process.

The Care You Deserve During The Process

We’re led by attorney Matthew D. Scott, who has more than 15 years of experience in estate law, and you can rely on us to provide knowledgeable counsel. Equally important, though, is that we are personable, trustworthy and caring. It matters to us that we can assist you with the legal challenges of a very emotionally difficult time.

Get A Lawyer’s Help For The Many Tasks Ahead

Probate law does not have to be confusing when you have us at MDSLaw Ohio as your counsel. Allow us to assist you with every step of the process. To schedule an initial consultation with us, please call 740-923-4235 or use our online contact form.