Probate in Ohio is a process the court uses to ensure that when someone dies, their estate assets go to the legally entitled parties. Usually, the person who has the decedent’s last will and testament initiates it. The court will review the will first and determine if it is valid. Afterward, the named executor or appointed estate administrator will gather all the estate assets and pay any financial obligations before distributing the remaining assets to the beneficiaries.
Ohio law provides for a simplified probate process for smaller estates. If an estate qualifies as a “small estate” under Ohio law, it may be possible to avoid the formal probate process altogether, which can significantly shorten the time frame. On average, the probate process in Ohio can take anywhere from six months to a year to finish. However, the duration of the probate process can vary widely depending on several factors.
The factors that can influence the length of the probate process
The court oversees the probate process to ensure everything is done fairly and according to the law. If there is no will, the court has rules for who gets what, and often, the absence of a valid will can considerably prolong the process. Here are other factors that can influence the length of the entire probate process:
- The size and complexity of the decedent’s estate
- The number and type of assets to be distributed
- Disputes or contests over the will or estate
- The number of beneficiaries and their relationship to the deceased
- The existence of minor beneficiaries or beneficiaries with special needs
- The accuracy and completeness of the required documentation
- The involvement and competency of the executor or estate administrator
- The need for appraisals or expert opinions on certain assets
- Any claims made against the estate by creditors or lawsuits
- The use of any trusts or other non-probate transfers by the deceased
If the decedent made specific arrangements before their death to bypass the probate process, the beneficiaries may be able to receive their inheritances much quicker. This is why estate planning is so important. It can help surviving family members receive their share of the estate directly and avoid the unnecessary financial hardships that come with probate. It can also allow the decedent to choose the right person to administer their estate and oversee the probate process
