Probate is the legal process used to distribute a deceased person’s assets. It ensures the deceased’s debts get paid and the remaining assets are distributed according to the will or Ohio law. If someone you know has passed away and their estate needs probate, you might wonder what to expect.
Understanding the probate process
When someone dies in Ohio, their estate must go through probate if it includes assets like real estate, money, or other valuable property that isn’t excluded by a trust or other estate planning tools. The person named in the will (the executor) files the will with the probate court in the county where the deceased lived. If the deceased didn’t leave a will, the court appoints an administrator.
Once the will gets filed, the court verifies it. This process confirms that the will is authentic and that the person who wrote it had the legal right to do so. Afterward, the court officially appoints the executor or administrator, and they start paying the deceased’s debts and distributing the assets to heirs.
Executor’s role in probate
The executor plays a key role in probate. They identify the deceased’s assets, notify creditors, pay any debts, and file taxes for the estate. The executor also distributes the remaining assets according to the will or, if there’s no will, according to Ohio’s laws of intestacy. The process may take several months, and it can last even longer if the estate is complex.
Ohio probate timeline
The length of time probate takes in Ohio varies. You can settle simple estates in a few months, but more complicated ones may take a year or more. Factors like disputes among heirs or creditors, the complexity of the estate, and court backlogs can all affect how long the process lasts.
By understanding the probate process, you can make informed decisions if you’re involved in administering or inheriting from an estate.
