The probate process can be long, complex, and costly, and, for those dealing with it for the first time, it can be more than a little stressful. Probate attorney Donald K. Swartz of the Swartz Law Office in Batavia, OH, has been serving clients throughout Clermont County since 2011. Below, he offers a brief introduction to probate, what it is, and how it works.

Probate Defined

Probate is the legal administrative process that verifies and oversees various aspects of a deceased person's estate. Debts, taxes, and other costs often must be settled from the estate's assets. After these have been paid, any remaining money is distributed according to the terms of the will, trust, or other estate-planning documents. Estates with no will are distributed to the next of kin, as defined by Ohio law.

The Process

Your first step in the process should be to hire a probate attorney who will help you better navigate the system and understand your options. Next, the fiduciary (called the Executor in a Will; or Administrator without a Will) of the estate, must file a request with the Probate Court to handle the estate, and if there is a Will, to present the Will to the Court.  After the fiduciary gets appointed by the Court, the fiduciary then must find and gather all the probate assets of the deceased and file a complete inventory with the Court.  While this is going on, if the deceased had any unpaid bills, the deceased’s creditors can file a claim for a share of the estate to settle the debt. The fiduciary must make sure that the claims are valid prior to paying them, or could be liable to the Estate to pay back that amount.  

Property in Probate

Property also goes through probate, so it can be passed along to the appropriate beneficiary or, if necessary, sold to pay off debts. However, not all property has to go through probate.  For example, if the deceased has a joint bank account with his/her spouse, that property may pass to the surviving spouse “outside” of Probate.  Also, if the decedent owned property in another state, it may have to go through probate there as well; your probate attorney will guide you throughout this process.

Though probate can be confusing, the assistance of a skilled probate attorney can help you streamline the process, stay organized, and make the best decisions for the estate and everyone involved in it. Contact Swartz Law Office to schedule a consultation with a probate attorney. You can also reach them by calling (513) 732-0900 or visiting them online.