A will allows you to take control of your estate planning and direct how belongings are distributed to the beneficiaries after you pass on. If you own property, it is likely among your most valuable assets. Take extra care with these big-ticket items to ensure that they are transferred to the intended beneficiary with as little hassle and administrative burden as possible. Use the following guide to find out more about wills, probate, and real estate law in Ohio.

An Introduction to Probate

A will is subject to probate. This is a legal process through which the courts confirm the document’s authenticity and ensure any debts and taxes on the estate are paid.

Probate also allows creditors to come forward and claim the money they are owed. Only when this process is complete can beneficiaries receive their assets. This can be problematic, especially when it comes to property. Luckily, there are ways to work around probate in Ohio.

Sole vs. Joint Ownership

Ohio allows for sole or joint ownership of property. If you are declared the property’s sole owner, it must go through probate. However, under joint tenancy with rights of survivorship, the surviving tenant automatically becomes the full legal owner when you die. Under this occurrence, probate is not required.

For this to happen, the property deed must declare the individuals specifically as joint tenants with right of survivorship. The surviving owner must have the title deed updated and notify the local county’s property registrar to update government real estate records. This is usually done with an affidavit. A copy of the death certificate for the former co-tenant must also be provided. A real estate attorney can help organize the necessary paperwork.

Rutherford Law Office of Chillicothe, OH, provides comprehensive estate planning services, including guidance on wills and probate. Attorneys Aaron McHenry and Sherri Rutherford offer their clients friendly and communicative services. They will explain your legal options clearly and without the jargon. They’ve been in business since 1998 and serve Ross County and the surrounding areas. To schedule a consultation, reach out online or call (740) 775-7434.