Probate is the legal procedure of administering the estate of someone who has passed away. It is done under the supervision of the probate court which is subject to Ohio law. Its purpose is to identify and value the decedent’s assets and belongings, ensure that all taxes and debts owed by the estate are paid, and distribute what remains to the heirs and beneficiaries who are entitled to receive them. Where the decedent had a valid will, the estate will be transferred according to its terms. Where no will exists or it is found to be invalid, the estate will be transferred according to state inheritance laws.
How Morgan Law Offices Can Help With Your Ohio Probate Case
The process of probate can be quite complex or may fall into dispute among its interested parties. Either way, Morgan Law Offices can provide the advice, counsel, and representation you need in any aspect of the probate process. Our Columbus probate attorney has a wealth of experience, knowledge, and skills that can be used on your behalf in probate matters. If you have been named as an executor or administrator of the estate or are an heir, beneficiary, or another interested party that needs assistance in the probate process, you can work with Attorney Kelly Morgan. He is a proven civil trial lawyer who has been in practice for 45 years. He has a strong background in financial and taxation matters as a former CPA as well.
Reach out to Morgan Law Offices to book a free initial consultation with our Columbus probate attorney. Contact us via email or at (614) 714-4800. Serving clients in Columbus, New Albany, Delaware County, Dublin & Westerville.
How Does Probate Work in Ohio?
Probate consists of the following steps which are taken by the executor or administrator who manages the estate:
- Make the will available to the court for validation
- Identify and safeguard all of the decedent’s property and assets
- Get the property/assets appraised or valued
- Notify any creditors who are owed money from the estate
- Pay off any creditors for debts owed as well as any taxes due out of estate funds
- Distribute the remaining assets/property/personal belongings according to the terms of the will or, without a will, per state law
Executors/administrators have a fiduciary duty to be honest in dealing with all interested parties, including creditors as well as heirs and beneficiaries. He or she must serve the best interests of everyone involved as well as follow the terms of the will as laid out by the decedent. Executors/administrators must keep detailed records of the actions taken and their costs throughout the probate process.
How Long Does Probate Take in Ohio?
Probate in Ohio can take anywhere from several months to a year or more.
Generally, the timeline for probate depends on whether a will exists and how complicated the estate is. In addition, other factors such as filing deadlines, tax obligations, court approvals, and disagreements between beneficiaries may extend the timeline. The length of time for probate may also depend on the probate court handling the case. In some cases, a probate attorney can help move the process along more efficiently and quickly.
It is important to note that there are laws in Ohio that limit how long an executor of a will has to complete the probate process. Thus, it is helpful to seek help from a qualified attorney if you are dealing with a complex probate matter.
Summary Release from Administration
In some cases, a “Summary Release from Administration” may be granted by the court which bypasses the normal probate process. These cases must meet certain conditions, such as estates that have a small value. Our attorney can advise you on this and all other aspects of Ohio probate.
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