Probate is a legal process that is often required after the passing of a loved one in Ohio. Its primary purpose is to ensure that the deceased person's debts and taxes are paid and that their assets are properly distributed to the rightful beneficiaries.
However, not all assets need to go through probate. Understanding the different probate procedures and requirements in Ohio is essential for an efficient and cost-effective estate administration.
Before delving into the probate process, it's crucial to identify which assets can be transferred outside of probate. Assets held in trust, owned in “survivorship tenancy” or “joint and survivorship” form, subject to a beneficiary designation, or those covered under a transfer-on-death “designation affidavit” can usually bypass probate. These assets pass directly to the named beneficiaries or surviving owners, avoiding the need for court involvement.
For estates with a total value of $35,000 or less or for surviving spouses inheriting all probate property worth $100,000 or less, a simplified and less expensive probate process, known as “Release From Administration,” is available. This streamlined approach usually takes two to four months and allows for the efficient distribution of estate assets.
No probate for very small estates
Estates valued below $5,000 or the amount of funeral expenses, whichever is less, may not require probate at all. A “Summary Release from Administration” is available in such cases, allowing anyone (except the surviving spouse) who has paid or is obligated to pay the funeral expenses to request a summary release from administration. In certain circumstances, the surviving spouse can also apply for summary release if specific conditions are met.
When probate is necessary, the person named as the executor or personal representative in the deceased person's will usually takes charge of the estate. If no will exists or the designated executor is unavailable or unwilling to serve, the probate court will appoint an administrator to fulfill the same responsibilities. The surviving spouse has the first priority for appointment as administrator.
The executor or administrator, once granted “letters of authority” by the court, manages the estate by validating the will (if applicable), inventorying and safeguarding assets, appraising them, paying debts and taxes using estate funds and ultimately distributing the remaining property as directed by the will or state law.
Most probate cases proceed without adversarial action, however some estates face legal challenges from heirs/beneficiaries, creditors, etc. Regardless of the facts of any particular probate case, representation by a certified specialist in Probate Law can provide a level of experience and skill that helps facilitate that process.
To learn more about Ohio probate and create your own estate plan, contact James Bart Leonardi, LLC today.