Blue Ash Probate Lawyers

If you have been tasked with administering a loved one’s estate, this can be an overwhelming process, particularly when you are grieving the loss of a loved one. While there are clear, step-by-step procedures involved in administering an estate, this does not make the process any less complicated for the executor. One of your responsibilities is to manage the deceased’s estate during the probate process, which will require you to understand how the probate process works.

Probate can be complicated and time-consuming, but you do not have to manage it alone. The Blue Ash probate lawyers at Wolterman Law will help you navigate this process and oversee the legal and procedural demands of probate so that you can support your loved ones during this difficult time.

What Is Probate?

Probate is a court-supervised legal process that occurs after a loved one passes away. It handles the distribution of the deceased person’s assets, which may include identifying and valuing assets, paying debts and taxes owed, and distributing any remaining assets to the beneficiaries.

Depending on the complexity of the estate and whether there are legal disputes that arise, the probate process can take anywhere from six months to several years. Probate costs can impact the value of the estate if it takes several months or more to complete.

What Are the Steps Involved in the Probate Process?

In most cases, the probate process involves filling out paperwork, as opposed to court supervision, unless family members or creditors are fighting the terms of the estate. The Uniform Probate Code (UPC) is a set of laws that makes the probate court process simpler, particularly for smaller estates. However, Ohio is a non-UPC state, which means that the probate process can be a bit more complicated. Therefore, it is recommended that you contact a probate lawyer who can guide you through every step of the probate process, address all of your questions and concerns, and ensure that the assets are distributed according to the deceased’s wishes.

The following are the general steps involved in the probate process in Ohio:

Appoint an Executor: Once you have officially been appointed as executor of the estate, you will need to take the following steps to start the probate process:
- File a petition for application for probate in the county where the deceased person was living at the time of their death. You will also need to file a death certificate and the original will with the probate court.
- Notify interested parties. Notify individuals with a legitimate interest in the estate to make their claim before the property is distributed. You may also be required to notify potential creditors by mail.
- Mail the notice to beneficiaries and heirs as required by the court.
- File proof that the notice was properly published and mailed.
- If required by the court, post a bond. This protects the estate from losses you cause up to a certain dollar amount.
- Prove that the will is valid by submitting a “self-proving affidavit” that was signed by a witness in front of a notary at the time that the will was signed.
- File other documents required by the court.
Administer the Estate: You will be responsible for overseeing the probate process and keeping the estate property safe. You will need to prepare a list of the deceased person’s assets. You may also need to make arrangements for the assets to be appraised. This will require taking the following steps:
- Obtain an employer identification number for the estate from the IRS
- Notify the state health or welfare department of the death.
- Open an estate bank account.
- Arrange for the preparation of income tax returns.
- Prepare and file an inventory and appraisal of estate assets.
- Notify creditors by mail and pay outstanding debts.
- Provide a list of creditors’ claims you have approved and denied if required by the court.
Close the Estate: Once the creditor’s claim period has passed, the tax returns and debts have been paid, and any disputes have been settled, the remaining property may be distributed to the beneficiaries. This involves the following steps:
- Notify heirs and beneficiaries of the hearing date. The notice must be mailed within a certain time before the hearing date.
- Provide proof that the notice was mailed.
- Obtain the court’s permission to distribute the property.
- Transfer the assets to the new owners. Make sure that you get receipts.
- Once the assets have been distributed, file the receipts and request the court to release you from your duties as executor.

What Happens if the Will Is Contested?

In most cases, wills go through the probate process without any problems. However, there are circumstances where a will may be contested, including the following:

The creator of the will was not of sound mind when writing the will.
The will does not meet the legal requirements.
The will was secured through fraud.
There is a more recent, valid will.

Depending on the circumstances, a contested will may be struck down partially or completely. For example, if there is a valid will with a more recent date, this will generally completely replace any other wills. Interested parties that may challenge a will include disinherited family members, creditors claiming unsettled debts, and co-owners of estate properties. While it is unlikely that a will is contested, it is recommended that you consult with an experienced probate lawyer if it is.

Is It Possible to Avoid Probate?

If the deceased person has a valid will in place, it has to go through the probate process, which can be time-consuming and expensive. One way to avoid probate is by creating a trust. The deceased person’s assets are placed in a trust and transferred according to the terms of the trust. The assets in the trust remain private and are not subject to probate court review. Keep in mind that this only applies to a living trust. A testamentary trust is created by a will, which must go through the probate process. The following are additional ways to avoid probate in Ohio:

Joint Ownership: If you own property or other assets with another person, ownership will automatically transfer to the other person when the other person dies. This is known as a “right of survivorship,” which is the automatic transfer of a deceased co-owner’s assets and property interest to the surviving owner. While there will be paperwork required to show that one owner died and the property is now owned by the surviving owner, the transfer of assets does not have to go through the probate process.
Beneficiary Designations: Assets like retirement accounts, life insurance policies, payable-on-death accounts, and transfer-on-death deeds can be directly transferred to a named beneficiary without going through probate.
Gift Giving: If you give money or property as a gift while you are still alive, it does not go through the probate process. Make sure that you learn about any gift taxes or exemptions that may impact this course of action. A knowledgeable probate lawyer can assist you with this and ensure you make an informed decision.