Your will allows you to determine what will happen to your assets after you pass away. Before these assets can be distributed to the intended beneficiaries, however, the will must go through probate. In this process, the courts first authenticate the document and then make sure that any debts or taxes related to the estate are paid. Learn more about probate in Ohio with the following frequently asked questions.

Frequently Asked Questions About Ohio Probate Law

When is probate necessary?

Probate is required for any assets that are in the deceased’s name in terms of ownership. Assets placed into a trust do not have to go through probate. Similarly, a property that is jointly owned under a survivorship tenancy or joint survivorship contract doesn't have to go through probate. It just passes directly to the other legal owner when one dies. 

What are the steps of the process?

First, the courts appoint a personal representative or executor to handle the estate's administration. Alternatively, the deceased may have appointed an executor in the will. This person compiles an overview of the deceased's assets and ensures that funeral expenses, estate taxes, and the creditors are paid. They are then responsible for ensuring that the assets are distributed to beneficiaries as instructed in the will. 

What does the executor do?

In addition to the above steps, the executor must notify the beneficiaries of the deceased on the passing. A public notice must also be made regarding the death. This allows creditors to stake any claim they may have to past-due payments. Beyond that, the executor must appear before the probate courts as needed.

How can probate be avoided?

The problem with probate is that it is time-consuming, lasting anywhere from a few months to years. Many people probate by establishing a revocable living trust instead of a will. A trust is its own legal entity. You place assets into the trust and are technically no longer the owner, although you can still access these assets. You can also revoke the trust if need be. 

With careful preparation, you can minimize the burden of taxes and fees on your estate planning with the help of Lane, Felix & Raisbeck CO, LPA, in Cincinnati, OH. These professionals have been serving the area for over 30 years, providing reliable legal counsel rooted in compassion and experience. Visit their website to review their offerings, from wrongful death to family law. To meet with a probate attorney, call (513) 922-7700.