Ohio Probate FAQs

Looking for answers on Ohio probate? Here’s a list of answers to our most frequently asked questions.

Ohio Probate FAQs

What Do You Need to Know About Medicare Open Enrollment?

Have you heard that Medicare’s open enrollment period is right around the corner? To prepare for open enrollment, let us review five key facts to be aware of regarding Medicare and open enrollment. Date of Open Enrollment. Medicare’s open enrollment is typically...

Tips for Visiting Your Loved Ones in Nursing Homes as They Reopen

As nursing homes and assisted living facilities begin to allow visitors again, it is important to continue to take precautions to prevent the spread of COVID-19. Even if nursing homes as they reopen in your state are allowed to resume visitation, individual nursing...

How to Help a Family Member or Loved One with Dementia

World Alzheimer’s Day is September 21. Did you know that this is an  international campaign to raise dementia awareness and challenge stigma? Over 50 million people worldwide are living with dementia, and that number is expected to triple by 2050. Dementia is a...

How Leaving Money to a Charity Can Benefit Your Estate

“It is better to give than to receive,” is an old expression that can also apply to estate planning. Not only can it be personally rewarding to give to those in need, but, in many respects, charitable giving can make good financial sense. Have you ever considered how...

Making the Move to Assisted Living

Old age certainly brings its share of challenges. One of them is relinquishing your independence. This is often a gradual process that may include giving up your driver’s license, or moving closer to family. For many people, the process includes moving in with adult...

How to Tell If a Nursing Home is Right for Your Elder Parent

Have you considered how difficult transitioning to a nursing home may be? Emotions often surge amid the uncertainty and loss of independence. Mental and physical health issues can make it worse. Many seniors will require support from their adult children throughout...

End of Life Affairs: Questions to Ask Your Aging Parents

Have you had the difficult conversation with your parents about their end of life wishes? You want to ensure that your aging parents’ final years are secure and comfortable, but it can be uncomfortable to talk to them about end-of-life issues. No one wants to think...

How to Help an Aging Parent with Alzheimer’s Disease

Alzheimer’s Disease is a public health crisis impacting more than 5.8 million American seniors, 50 million worldwide, or one-in-ten people in the United States age 65 or older. As Baby Boomers continue to age, the number of Alzheimer’s cases is also expected to...

Tips for You and Your Family If Your Parent Needs a Nursing Home

Have the needs of an aging loved one surpassed your ability to provide him or her with the care they need? It can be a tough decision to have your loved one placed in a nursing home. Whether it is your mom, dad, grandparent, or close relative, you want to know that...

Q: Does every estate in Ohio have to go through probate?

A: No, not all estates must go through probate. In fact, if your estate solely consists of one of the following, you may not need to go through probate at all:

  •       Survivorship deed (property automatically transferred to surviving owner)
  •       Assets held by a married couple
  •       Assets given a beneficiary designation
  •       Payouts of an insurance policy to named beneficiary
  •       Real estate that has on file an Ohio transfer on death designation affidavit
  •       Very small estates of less than $5,000 or the cost of funeral

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How a Living Trust Can Help You Avoid Probate Court

How a Living Trust Can Help You Avoid Probate

Q: What can survivors do to simplify the probate process?

A: Surviving family members can apply for a Release From Administration packet. This will make the proceedings significantly shorter if any of the following apply:

  •       The surviving spouse inherits the entire estate and the value is less than $100,000.
  •       The entire estate is less than $35,000.

For more please click here.

What Is Release from Administration in Ohio Probate?

Q: What are executors and administrators?

A: The person named the will as executor of the estate is responsible for taking care of the probate proceedings.  Where there is no will, that person named by the court to do the same thing is referred to as the administrator. Collectively they are called fiduciaries.

The fiduciary’s responsibilities are as follows:

  •       Provide valid will to the court when applicable
  •       Identify all next of kin and named beneficiaries
  •       Make an inventory of all the assets of the deceased and ensure their safety
  •       Discover and identify all debts
  •       Have an appraisal of all assets
  •       Ensure all debts and taxes are paid from the estate
  •       Oversee the distribution of assets to beneficiaries
  •       Keep detailed records of activities

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Three Tips to Managing A Family Member’s Assets After They Pass

7 Things You Need to Know Before You Setup a Simple Will

Q: How much does probate typically cost?

A: Court costs for probate cases are normally not more than $350. Executors can take a fee for themselves, 4% for the first $100,000 in assets, 3% for the next $300,000 and 2% for everything above $400,000.  Family members serving as executors occasionally choose not to take this fee. Attorney fees can be charged hourly or as a percentage of the total assets. A rough estimate of the attorney fees can be gathered by calculating 3-4% of the total assets.  Probate attorney and fiduciary fees cannot be charged until the conclusion of the probate matter, and are in most instances paid from the estate assets.

Probate Court in Ohio: Can You Do It on Your Own?

A General Overview of Probate Court in Ohio

Q: How long does probate last?

A: Probate usually takes at least six months to a year; this gives creditors time to come forward  and also simplifies taxes.

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Probate Court in Ohio: Can You Do It on Your Own?

Q: Can a will in probate be contested?

A: Wills in probate can be contested if there is reason to believe the person was not of sound mind when the will was made or was under undue influence by another.

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3 Essential Things to Understand Before You Contest a Will in Ohio

Q: What happens when there’s not a will?

A: Where there is no will it is called an Intestate probate and any next of kin may apply to be administrator, or they may choose to ask an attorney to serve. Beneficiaries are those found using the Ohio Statute of Descent and Distribution: surviving spouse, then children, then grandchildren, then siblings, then parents.

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7 Things You Need to Know Before You Setup a Simple Will

What Happens When a Family Member Passes Away Without a Will?

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