Take care of your estate and loved ones through probate law can give peace of mind when considering the future. However, every state approaches the topics of probate and estate planning differently. The best way to prepare for probate in Ohio is by learning the answers to a few basic questions. 

Common Questions About Ohio Probate Law 

What is probate law, and what does it involve? 

After you pass away without a living will, trust, or survivorship deed, your estate goes to your family or the state. If you name an individual in your will to distribute the estate’s assets, they are called the executor. If the state appoints them, they are known as the administrator. Usually, the probate process begins soon after your death, but it can also face delays of up to five years. Either way, it typically takes about one year to complete.  

Is an attorney necessary? 

Your loved ones can legally direct the process by themselves, but probate law is complicated. By ensuring that you familiarize an attorney with your situation and wishes before you pass away, you can spare your loved ones time and trouble navigating the process. Also, if anyone wants to contest the will, your lawyer can act as a third party to settle it. 

What if the will is questionable or non-existent? 

If your loved ones have reason to believe that you were not of a sound or independent mind when creating your will, they can contest it through probate law. In cases when there is no will at all, the state of Ohio typically decides the order of beneficiaries as the surviving spouse, followed by children, grandchildren, and then parents. If these family members are unavailable, a probate attorney can decide how to handle your estate instead. 

How can you avoid or simplify probate? 

Probate may not be necessary if your estate is less than $5,000, or if you prearrange your assets through a living will, trust, survivorship deed, insurance policy, or death designation affidavit. If probate is necessary, your loved ones can make it easier by applying for a Release From Administration, as long as the estate is worth less than $35,000, or if it’s less than $100,000 and the surviving spouse inherits all of it.

For compassionate and personalized assistance navigating probate law in Ohio, contact Riley, Resar & Associates, P.L.L., in Lorain. They’ve been providing legal services for nearly 30 years, helping with cases ranging from divorce, bankruptcy, and child custody to probate, real estate, and family disputes. Their primary concern is to help you receive the attention and solutions you need. Schedule a consultation today by calling (440) 244-5214. Learn more about their services online.