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When a person passes away, their assets and property are distributed to heirs and beneficiaries through a process called probate. Typically, the estate is divided based on instructions given in the last will and testament, but probate also occurs according to state family law if no will exists. The process involves several steps, which are outlined below.

Everything You Need to Know About Probate

What Steps Are Involved?

The first step in the probate process is the appointment of an administrator of the estate. This person is either named in the will or appointed by the probate court. At this point, the court determines whether the will is valid according to state family law. Once the will is approved, the decedent’s property is inventoried, and all properties are appraised. Before anything can be distributed, any debts or taxes owed by the deceased person are paid out of the estate. Finally, the remaining assets are distributed according to the will—or state law if there is no will.

How Long Does It Take?

Typically, a probate case takes about six to nine months from the time it is opened with the family law court. This time frame can vary greatly depending on the court, as well as whether there are any disputes about the will or distribution. If the will is contested, probate may last for years before any assets are awarded to beneficiaries.

Is Any Property Excluded From Probate?

family lawMany people choose to place their assets into living trusts to exempt them from the probate process. Other property is automatically considered nonprobate, including jointly held real estate with rights of survivorship, bank accounts with specified payable-upon-death beneficiaries, and life insurance policies with designated beneficiaries.

 

Get help preparing a will, setting up a living trust, or navigating the probate process from the family law experts at O’Connor, Mikita & Davidson LLC in Cincinnati, OH. These skilled estate planning attorneys have more than 20 years of experience assisting the residents of Ohio. They give each case the individualized attention it deserves, meaning that you’ll never fall by the wayside. Find out more about the practice online, and make your first appointment by calling (513) 793-5297.

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