Ohio Probate FAQs

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

Ohio Probate FAQs

Ways You Can Protect Your Aging Loved Ones From the Coronavirus

News reports continue to inform us around the clock about Covid-19. We can no longer ignore the fact that the Covid-19 virus is spreading at an alarming rate around the world. Even with its unprecedented spread, however, there are still many precautions that we can...

Tips for Using Estate Planning Strategies For Long-Term Care

When we are healthy and in our prime, we do not often think about the big “what ifs.” Long-term care, as well as a potentially devastating illness, are generally the last thing on our minds. Unfortunately, many of us also believe that we will be protected from these...

How to Know When it May be Time to Leave Your Home as an Ohio Senior

If buying a home is one of the most stressful life experiences we can have, as many Americans report, deciding to leave it is likely one of the most heart breaking. This is especially true for Florida seniors who have lived in the same home for decades. This may also...

Tips for Visiting Loved Ones in a Long-Term Care Setting

For many of us, our loved ones are no longer able to safely live at home. This is an unfortunate reality to the aging process in America. Research tells us that those over 65 years of age, classified as Older Americans, have over a 70% chance of needing some form of...

3 Ways Family Caregivers Can Plan for a Formal-Care Transition

Family caregivers are relatives of dependent individuals who make tremendous sacrifices to provide the informal care their loved ones need to live day-to-day. Whether it is preparing their meals, providing transportation, helping them bathe and dress, or administering...

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

Going to probate court alone is a big decision that will have an impact on your life throughout the probate process. And, as the state of Ohio has not yet adopted the Uniform Probate Code (UPC), a set of laws designed to simplify the probate process, your court case...

How Do You Obtain a Power of Attorney for Your Elderly Parents?

A power of attorney allows someone to handle the care of the finances or affairs of another person. This can be done as a person ages and needs guidance or becomes unable to make sound decisions. It can also be useful if a person becomes disabled. Being a power of...

Can Any Attorney Handle a Probate Case?

When a loved one passes away, most people will seek out an estate and probate attorney to help them easily go through the probate process. However, not everyone thinks to seek out a probate lawyer. A lot of people have friends or even family that practice law, and...

Does a 401k go through probate?

When a loved one passes away, there is a lot to consider. Not only do you have to deal with the grief of their passing, but if you are named as executor, then you have the added stress of dealing with their estate. When someone passes, most of their assets will go...

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

For more please click here.

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.

For more please click here.

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.

For more please click here.

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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Call us at 614-641-7399 or fill out the form to schedule a consultation with a probate attorney.