Probate is the legal, administrative process that oversees the resolution of a deceased person's estate. While probate has a reputation for being lengthy and complex, it is actually significantly shorter and more straightforward for estates that only involve the transfer of real estate and no other assets. Below, probate attorney Lance S. Cox, Attorney At Law in Cincinnati, OH, explains the state's real estate-only probate process.

A Guide to the Probate Process When Only Real Estate Is Involved

1. Conditions

To qualify for the real estate-only probate process, three conditions must be met. First, at least six months have to have gone by since the death of the decedent. Second, the estate in question includes no other assets. And third, there are no creditors who have claims on the estate, such as a credit card company who has filed a request for a portion of the assets to be used to pay off the decedent's outstanding balance. If these three conditions are present, the estate will likely be eligible for this option. 

2. Beneficiaries

Intestate estates are those that have no will or other estate planning documents. Probate courts decide what happens to assets according to the state's intestacy guidelines. If property in Ohio is involved, it will pass first to a spouse; if there is no spouse, then it will go to the children; if there are no children, it will pass to the decedent's parents or siblings.

3. Procedure

The first step to transferring the property is to fill out the appropriate paperwork; contact your local county courthouse to acquire the necessary forms. After completing these, file them at the courthouse, being sure to bring along the original death certificate and a paid funeral bill. Next, the probate courts will issue a Certificate of Transfer. This document is the new deed to the property in question. Once you have this, file copies of it with your county auditor and recorder. After these steps have been accomplished, the transfer of ownership is complete. If you have any questions at any stage of this process, don't hesitate to contact a probate attorney for guidance.

Lance S. Cox, Attorney At Law, is here to help you navigate all aspects of probate. With more than three decades of experience, he also offers representation in estate planning and income tax issues. Call (513) 528-6000 or visit him online to schedule a consultation with a probate attorney today.