When someone passes away, whether they have a Will in place or have done no planning, their estate will have to go through the probate process. This process can be complicated. It is smart to have an experienced probate lawyer face it head-on with you. Contact Krause Law today to learn more about probate in Ohio and how our legal team can help you through it.
In most cases, when a person dies in the state of Ohio, their estate will have to go through the probate process. Essentially, probate is a court-supervised exercise wherein the Court determines if the decedent’s Will is valid and legally enforceable. The Court then assumes authority and control over the process from start to finish which finish may take a long time. The process can also be very expensive. Through a Will, the decedent should have appointed an estate administrator (Executor/Executrix) because, if he or she didn’t, the Court will decide who that will be.
The administrator will be tasked with paying off any of the decedent’s debts, ensuring the decedent’s assets are distributed to beneficiaries according to the decedent’s wishes, and more. The probate process is a document-heavy and sometimes complex one, and if you have been appointed as the administrator of an estate, it is paramount that you only proceed with a competent Medina, Ohio estate lawyer in your corner. Krause Law is here to help.
In a nutshell, if you are appointed as the Executor or Executrix of a decedent’s estate, you will be required to report to the Court. The reports become public record and open for anyone to see. The reports will include the type and amount or value of the assets, the debts owed which you will be legally bound to pay, accountings, and notifications to heirs providing them with their right to question what you have done. Ultimately, whatever is left will be distributed to the persons named in the Will as the recipients of the decedent’s property.
You should understand, however, that in the state of Ohio, there are various types of estate administration, and the type you will follow depends largely on the number and amount of assets the decedent owned. For example, if the decedent had a “small estate” (in the eyes of the law) you may be able to go through a streamlined probate process. Ohio offers two types of streamlined probate processes: release from administration and summary release from probate. Our firm can help walk you through either of these if you qualify.
That said, if a decedent does not qualify for a streamlined form of probate, it is of paramount importance for you to hire a dedicated Medina County, Ohio probate lawyer who can walk you through the process and ensure everything moves along as smoothly as possible.
Notably, there are certain assets that can actually bypass or skip through the probate process here in the state of Ohio. These assets can include property held in a revocable Trust, bank accounts with Payable on Death or Transfer on Death clauses, and retirement accounts and life insurance policies with designated beneficiaries.
Krause Law has decades of experience guiding clients in Medina County and throughout the state of Ohio through a wide array of probate issues, and our firm is ready to put that experience to work for you–all you need to do is contact a Medina County probate lawyer from Krause Law today so we can get started.
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