Ohio Probate FAQs

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

Ohio Probate FAQs

3 Reasons Why You Need an Experienced Elder Law Attorney

Have you heard of elder law? While most attorneys are defined by a specific area of the law in which they practice, elder law attorneys practice across areas of law as they strive to meet the unique legal needs and challenges that we face as we age. Elder law...

Warning Signs Your Widowed Parent May Need Memory Care Soon

Oftentimes, being widowed is a major life change that showcases the need to make other changes for your surviving parent. It can be common for a widowed parent to decline in mental or physical health when no longer living with a partner. Is your widowed parent now...

What to Do When It Is Too Late for Long-Term Care Insurance

If you are older and in need of care, you may be wondering if a long-term care insurance policy is right for you. A long-term care policy can cover services that your regular health insurance may not cover. Such a policy may cover the cost of care if you have a...

8 Resources To Help Ohio Seniors

Did you know that May is Older Americans Month, a month where the nation honors and celebrates the senior members of our communities? This year, taking care of our seniors should be of the utmost importance as the COVID-19 pandemic has wreaked such havoc on their...

Do Not Let Mom Lose Her Life Savings to a Nursing Home

When the time comes for Mom to enter a nursing home, you may be worried about the expense. Did you know that a typical nursing home might cost $50,000 or more per year, which can easily burn through someone’s life savings? Many people expect Medicaid to take care of...

Taking Action for National Clean Out Your Medicine Cabinet Day

Did you know that every year on the third Friday in April we recognize National Clean Out Your Medicine Cabinet Day? While it may not be something at the top of your mind regularly, it is likely that you have some unused or expired prescription or over-the-counter...

Three Tips For Helping An Aging Loved One Cope With Memory Loss

When someone you love begins to suffer from memory loss, it can be very scary for you and for your loved one. Have you considered that worries about Alzheimer’s and dementia can even take a serious toll on mental health? Let us discuss three tips for helping your...

Think You Are Able to Avoid Probate? 3 Common Mistakes We See

Are you concerned with the time and expense often required of probate? Many people look to avoid probate because of these reasons. If you are considering establishing an estate plan that has a goal of avoiding probate in whole or in part, take a moment to review these...

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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