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Where should probate proceedings be opened?

On Behalf of | Nov 24, 2021 | Probate

Being in charge of settling someone’s final personal matters is a considerable responsibility. It is certainly not something that should be taken lightly because, depending on the nature of the estate, probate can be a long and complex process. In fact, if a person held property in Ohio and other locations, such as different counties or even different states, the executor may be confused as to where to open the process of closing the estate.

When it comes to finding the correct location to open probate, it is important to look at the remaining assets, particularly tangible assets. Tangible assets are essentially those that physically exist, such as personal items, real estate, vehicles and so on. If a person owned all of his or her tangible assets in one state and one county, probate would open in that county of ownership. However, if a person owned real estate, for example, in multiple locations, it could be more complicated.

The following details could determine whether probate needs to open in multiple locations:

  • If a person owned tangible property in more than one county in the same state, the executor would only need to open probate in the county where the decedent resided at the time of his or her passing.
  • If the person owned tangible property, particularly real estate, in more than one state, the executor may need to open probate in multiple states.
  • If a trust was created by the decedent prior to his or her death and out-of-state assets were titled to that trust, opening probate in multiple locations may be unnecessary.

If confusion exists regarding where to open probate, it is best to gain insight from legal professionals. Ohio attorneys experienced in such proceedings could provide applicable information and help the executor handle the closing of the estate. Ensuring that the process is handled correctly could prevent unnecessary hardships.