Probate is the legal process that ensures a deceased person’s debts are paid and their remaining assets are transferred to the correct heirs. In Ohio, probate is required for assets that are solely in the decedent’s name and have no designated beneficiaries. Although proper estate planning can help avoid or minimize probate, many families in Montgomery, Ohio, still find themselves navigating this process after a loved one passes.
Because probate can be complex and emotionally taxing, especially when there are disagreements among heirs, it’s important to work with an experienced Montgomery estate planning attorney who can guide you through each step and ensure the estate is handled correctly.
What Are the Steps in the Ohio Probate Process?
Ohio follows its own probate laws rather than the Uniform Probate Code (UPC). Below are the standard steps in the probate process:
1. Appointment of an Executor or Administrator
If the deceased had a will, it likely named an executor. If not, the probate court will appoint an administrator, usually a close family member. The executor or administrator is responsible for managing the estate, identifying assets, paying debts, and distributing property.
2. Filing a Petition to Open Probate
The executor or administrator must file a petition in the probate court of the county where the decedent lived—Hamilton County Probate Court, for example, if the person lived in Montgomery. If a will exists, it must be submitted with the petition. Once approved, the court formally opens the estate and authorizes the representative to act.
3. Notifying Heirs and Creditors
Heirs, beneficiaries, and known creditors must be notified of the estate. Creditors have six months from the date of death to submit claims (Ohio Revised Code §2117.06). The executor must evaluate the claims and pay valid ones in accordance with Ohio’s priority rules.
4. Inventorying and Appraising the Estate
All estate property must be inventoried, including bank accounts, real estate, investments, and personal belongings. Some items may require a formal appraisal. The inventory must be filed with the probate court.
5. Settling Debts and Taxes
The executor is responsible for paying debts and administrative expenses. Ohio does not have a state estate tax, but the estate may owe federal estate taxes or final income taxes. Funeral expenses and legal fees are typically given priority.
6. Distributing Remaining Assets
Once debts and taxes are paid, the remaining assets are distributed according to the will. If there is no will, Ohio’s intestate succession laws determine how property is divided—usually to surviving spouses, children, or other close relatives.
How Long Does Probate Take in Montgomery, Ohio?
The average probate case in Ohio takes six to twelve months, depending on the complexity of the estate. Because creditors have six months to file claims, the estate typically cannot close before that window expires. Complicated estates or family disputes may take significantly longer to resolve.
What Happens If You Don’t File for Probate?
Not opening probate can lead to serious issues, including:
- Asset Lockup: Heirs cannot access bank accounts, titles, or property without court authorization.
- Creditor Problems: Unpaid debts could lead to lawsuits or liability for the estate’s representative.
- Family Conflicts: Without a formal process, disagreements over inheritance can escalate.
- Tax Penalties: Failing to file necessary tax returns for the estate could result in interest and fines.
- Legal Consequences for the Executor: Executors have a fiduciary duty to act in the best interests of the estate. Failing to file probate may result in personal liability.
In Ohio, a will must be filed with the probate court within three years of the decedent’s death (ORC §2107.10), or it may be considered invalid.
How Can You Avoid Probate in Ohio?
There are several ways to avoid probate for certain assets in Ohio, including:
- Joint Ownership with Right of Survivorship: Property automatically passes to the surviving owner.
- Beneficiary Designations: Accounts such as life insurance, retirement plans, and POD bank accounts transfer directly to beneficiaries.
- Living Trusts: Assets placed in a revocable living trust do not pass through probate and can be distributed immediately upon death.
Montgomery Probate Lawyers at Wolterman Law Office Can Help You Navigate Probate
If you need help managing your loved one’s estate or are planning your own, the Montgomery probate lawyers at Wolterman Law Office can help. We handle all aspects of probate administration, from court filings to asset distribution, with professionalism and compassion. To schedule a free, confidential consultation, call 513-488-1135 or contact us online. Located in Loveland and Blue Ash, Ohio, we proudly serve clients in Hamilton County, Fairfield, Norwood, and Forest Park.