Whether you’re in the process of creating an estate plan or a loved one has named you a beneficiary or administrator in theirs, it’s wise to familiarize yourself with probate. This is the process by which estates are settled. While it can vary from case to case, there are some generalities that always apply. 

4 FAQ About Probate in Ohio

What does probate entail?

During this process, the executor of an estate is responsible for locating all assets, paying off outstanding debts, and filing the deceased’s final tax return. He or she must also distribute any remaining property to eligible beneficiaries. If the deceased did not leave a will, the court will refer to the laws of intestate succession to determine any beneficiaries or executors.

Do all estates have to pass through probate?

In Ohio, all estates must pass through probate unless one of two exceptions applies. If the estate is valued at less than $5,000, it may bypass the proceedings altogether. It may also bypass probate if it’s valued at less than $45,000, and the deceased’s surviving spouse is inheriting the total amount.

How long does the process take to navigate?

Because every estate is unique, there’s no standard timeline for completing probate. Even the simplest estates can take at least eight or nine months to settle. This is because creditors have a six-month window to file a claim against a borrower’s estate. The process can take considerably longer if disputes arise along the way.

Can a will be contested during probate?

In Ohio, a party may contest a will before the estate has been settled if there is reason to believe that the deceased was not of sound mind when he or she wrote it. Coercion, which is characterized by undue influence, also warrants contesting.

If you need help settling an estate, or finalizing your own arrangements, turn to Rutherford Law Office. Located in Chillicothe, OH, this firm devises practical solutions that are tailored to their clients’ needs and goals. Attorney Sherri K. Rutherford is well-versed in wills, trusts, elder law, and Medicaid planning. To learn more about her expertise, visit the office online. To request a consultation, call (740) 775-7434.