What Happens During Probate if There is No Will in Ohio?

For many, the idea of creating a Will is too overwhelming. From taking time off work to plan and the cost associated with it, to having to determine how you want your assets handled and confronting mortality, many choose to simply ignore this process. However, it’s important to understand what will happen during the Probate process if you do not have a Will in place. If you’re unsure what will happen to your assets when there is no Will, you’ll want to keep reading. The following blog explores what you must know about the Probate and Intestate processes, and how a Medina, Ohio estate planning lawyer can help you get your assets in order.

What Is Probate?

Probate is the process of validating someone’s estate after their passing. Generally, you’ll find that most people assume Probate only happens if there is no Will, which is not true. Regardless of whether or not the deceased had a Will, Probate happens.

Generally, the Probate process entails overseeing the distribution of a deceased’s estate according to their will. However, the process is different if there is no Will in place.

What Happens if There is No Will In Place?

When someone passes away without a will, Probate is a much different process. When there is a Will, the estate Executor must adhere to the terms and conditions for asset distribution as explicated in the document.

However, when you pass away with no estate plan, you are considered to have passed “Intestate.” This essentially means that the state will assume control of your estate and distribute it according to Ohio’s Intestate Line of Succession. As such, the state will pass your assets out to your immediate family based on a predetermined method. This means you have no say over who has the right to your assets or how they are handled.

As such, you’ll find that certain family members you may have wanted to exclude from an inheritance will be legally entitled to funds. Additionally, if you had certain assets you wanted to leave for specific Beneficiaries, this will not be honored as you have no estate plan.

Can an Attorney Help Me Make a Will?

Though thinking about your own death can be incredibly unpleasant, it’s critical to understand what will happen to your assets upon your passing. As such, ensuring you can take control of these matters by creating an estate plan is critical. However, you should only do so under the guidance of an experienced estate planning attorney. Unfortunately, trying to navigate this process on your own can lead to several issues that invalidate your Will.

At Krause Law, our team understands how complicated these issues can be. That’s why our firm is dedicated to helping you navigate these complicated matters. We will do everything possible to help ensure you feel confident in the decisions that you make regarding your assets. Connect with us today to learn how we can assist you with this legal matter.