When someone passes, it can be a very stressful time for their family. Not only are they mourning the loss of their loved one, but they must also plan memorial services. Additionally, this process can become even more stressful if the deceased’s estate goes through the Probate process. However, you may be relieved to find that not every estate will go through this process. The following blog explores when this is necessary and how a Medina County, Ohio Probate lawyer can help if you experience any issues during this process.

What Is Probate?

If you have been appointed the Executor of someone’s estate, you must report their passing to the courts. This is so the courts can analyze their estate and documents like Wills and Trusts before approving the transfer of assets from the descendant’s estate to Beneficiaries. As such, if the deceased has these documents, the Executor will file the Will with the court to begin the Probate process, validating the assets left by the deceased.

The Probate process begins with determining the validity of the deceased’s Will, if they have one, followed by inventorying and appraising their assets, paying their debts, and distributing the property according to the terms of their Will.

In Ohio, Are All Estates Probated?

It’s important to note that not all estates in Ohio will go through the Probate process. There are several assets that will not have to go through Probate, including:

  • Assets held in a Living Trust
  • Assets held in a “Survivorship” which are immediately transferred to the surviving owner
  • Assets held by a married couple
  • Assets with a Beneficiary designation
  • Estates worth less than $5,000

It’s also important to note that some small estates may qualify for a “Release for Administration” in the event the estate is worth less than $35,000 or the surviving spouse inherits all the property and it is worth less than $100,000. This is a more simplified process that will generally only take up to four months.

What Should I Do if I Need Assistance?

Probate can be a complex process, regardless of whether or not you are familiar with the laws and rules surrounding it. As such, it’s crucial to enlist the assistance of an experienced attorney to help guide you through the complexities of this process.

Whether you’re unsure if the estate qualifies for Probate or you think you can bypass the process altogether, contacting the team at Krause Law is crucial to this process. Our compassionate and knowledgeable team will work with you to navigate any challenges Probate may pose. We understand how overwhelming it can be to handle this legal matter while also mourning the loss of your loved one, which is why we are committed to working with you every step of the way. Contact us today to learn how we can guide you during these challenging times.