Montgomery Probate Lawyers

Losing a loved one is never easy, and managing their estate during this difficult time can feel overwhelming. In Ohio, most estates must go through probate, a court-supervised legal process used to verify a will’s validity and ensure that a deceased person’s assets are distributed properly. If you’ve been named the executor of an estate, understanding the probate process is essential—but you don’t have to handle it alone.

The Montgomery probate lawyers at Wolterman Law Office are here to help guide you through every stage with clarity, compassion, and skilled legal counsel.

What Is Involved in the Probate Process?

Probate formally begins when the executor (or administrator, if there is no will) files a petition with the probate court. From there, a series of steps must be followed to properly administer the estate. These include:

Filing a petition to administer the estate. This step opens the probate case. If there is a will, the executor must also file an application to admit the will to probate. The court will then appoint and qualify the executor.
Notifying beneficiaries and creditors. All interested parties must be notified, including heirs and creditors. In Ohio, creditors generally have six months from the date of death to file claims for unpaid debts.
Inventorying the estate. The executor must compile and file an inventory of the deceased’s assets, including real estate, personal property, financial accounts, and business interests. Some assets may require formal appraisals.
Paying debts, taxes, and expenses. Before assets are distributed, the estate must pay outstanding debts, taxes, and final expenses such as funeral costs. Executors must also file final income tax returns. While Ohio no longer imposes an inheritance tax, the federal estate tax may apply to estates valued above a certain threshold (currently $13.61 million for individuals in 2024).
Distributing assets. Once debts are resolved, remaining assets are distributed according to the will. If no valid will exists, Ohio’s intestate succession laws determine how property is distributed—typically prioritizing spouses, children, and other close relatives.
Closing the estate. The executor files a final accounting with the probate court. Once approved, the estate is closed, and the executor’s duties are discharged.

What Property Is Subject to Probate?

Not all assets go through probate. Generally, property solely in the deceased’s name at the time of death is subject to the probate process. Examples include:

Solely titled bank or investment accounts.
Real estate owned solely by the decedent.
Vehicles titled only in the deceased’s name.

Assets that typically avoid probate include:

Bank and retirement accounts with payable-on-death (POD) or transfer-on-death (TOD) beneficiaries.
Property held in joint tenancy with right of survivorship.
Life insurance policies with named beneficiaries.
Property held in a trust.
Gifts made during the decedent’s lifetime.

Can You Avoid Probate in Montgomery, Ohio?

Yes, with proper planning, it’s often possible to reduce or eliminate the need for probate. Our Montgomery probate lawyers can help you explore strategies such as:

Joint Ownership: Titling property jointly with a right of survivorship allows assets to pass directly to the surviving owner. In Ohio, tenancy by the entirety is recognized for real estate jointly owned by married couples—provided the deed was executed before April 4, 1985.
Revocable Living Trusts: By placing property into a trust during your lifetime, you retain control over your assets but remove them from your probate estate. Upon your death, the trust distributes the property privately, without court intervention.
Beneficiary Designations: Naming beneficiaries on accounts and policies ensures that those assets transfer directly, bypassing probate. Always keep beneficiary designations current and consider naming alternate beneficiaries.
Lifetime Gifts: Transferring property before death reduces the size of your probate estate and may simplify administration. Be aware of potential tax implications for larger gifts.

What If Someone Contests the Will?

Will contests can delay the probate process and create tension among surviving family members. In Ohio, only interested parties—those named in the will or who would inherit under intestate laws—can legally challenge a will. Common grounds for contesting a will include:

Lack of Mental Capacity: A will may be invalid if the testator (the person who made the will) was mentally incapacitated, such as due to dementia or Alzheimer’s disease, at the time of signing.
Undue Influence: If someone manipulated or coerced the testator into changing the will, that may be grounds for invalidation.
Fraud or Forgery: A will can be challenged if it was signed under false pretenses or has been altered.
Failure to Meet Legal Requirements: In Ohio, wills must be written, signed, and witnessed by two individuals. Wills that do not meet these standards may be invalid.
Ambiguity or Unclear Language: If the terms of a will are vague or contradictory, a court may need to interpret the testator’s intentions.