If you make a will, it must be offered for probate after you pass away. A court is required to approve the validity of your will before the document can take effect. Here’s what you should know about how this aspect of estate planning functions in Ohio.

What Is Probate?

It is the process a court uses to carry out the terms of a deceased person’s will and testament or to settle the estate of a person who dies without a will. If there’s a will, the executor initiates the process, or a court designates an administrator in the absence of documentation.

Do All Wills Require Probate?

Yes. However, Ohio offers a simplified process for small estates. One way to qualify is if the value of your estate assets is $35,000 or less. Alternatively, the estate asset value must be $100,000 or less, the will must name your spouse as beneficiary of all assets, and your spouse must survive you.

How Does the Process Work?

When a will is offered for probate, the court must confirm the will is valid. To be valid, it must be made and signed by a person 18 years old and of sound mind, and contain two or more witness signatures. Then, the court appoints an executor if none is already named in the will. Executors receive letters testamentary from the court as proof of authority to proceed with the process.

An executor identifies and contacts heirs and beneficiaries, gathers the deceased person’s assets, and makes an inventory. If claims are made against the estate or debts owed, such as taxes, funeral, or burial expenses, the executor pays those from estate assets. They then distribute the remaining property to the heirs and beneficiaries according to the will.

Wise estate planning includes making a will in anticipation of the probate process. Lance S. Cox, Attorney at Law, offers more than 30 years of estate planning experience to residents throughout Greater Cincinnati, OH. This skilled and compassionate estate lawyer and tax attorney can help you minimize the time and expense of probate. Visit the firm’s website to learn more, and call (513) 528-6000 to schedule a confidential consultation.