After a person dies, their estate must go through an administrative legal process called probate wherein its validity is proven. As an oft-misunderstood subject, it can feel overwhelming to those who have never had to navigate its challenges before. To help remedy this, below is a brief outline about its duration, functions in estate matters, and the role of an executor.

What to Know About Probate

1. Probate Handles 3 Main Functions

First, probate verifies that the deceased person's will is legally valid. Second, courts notify the will's executor of their duties; if no document was left, courts appoint an executor, often from the decedent's next of kin. Third, the appointee oversees the management of all legal and financial issues related to the estate; this typically involves settling outstanding debts, taking a comprehensive inventory of the deceased's property and belongings, and alerting beneficiaries.

2. The Probate Period Usually Lasts 6 Months

In most cases, the probate period ends after the estate has been open for six months. This window of time allows creditors ample opportunity to file claims to the estate. Once this time frame closes, no further claims are accepted, the probate process officially terminates, and all monies and property have been divided according to the terms of the will; or, if no document was left, the state’s intestacy laws.

3. The Role of the Executor Is a Crucial One

People drawing up estate planning documents should take the matter of choosing an executor very seriously. They must be trustworthy, professional, and organized. Most people opt for someone close to them with whom they share a deep level of confidence. In some situations, an individual may elect to have an attorney serve as their executor, making the probate process smoother as it is managed by someone with extensive legal expertise.

If you’re facing probate in Cincinnati, OH, turn to Lance S. Cox for a seasoned attorney with more than three decades of experience. He’ll guide you through every step of the complex process, providing quality legal counsel. Call (513) 528-6000 to schedule a consultation, or contact him online today.