Ohio Probate FAQs

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

Ohio Probate FAQs

Will Children Need to Pay a Parent’s Nursing Home Bill?

Have you considered the fact that the cost of healthcare, in general, and long-term care, in particular, can reach exorbitant levels in the United States? Older people frequently purchase long-term care insurance and save for the cost of long-term care. A lesser...

Are There Different Types of Trusts to Use in Estate Planning?

Have you heard about trusts and are you interested to learn more? There are actually many different types of trusts and each one has unique characteristics, as well as, a unique role in the estate planning process. Let us take a look at four of the most commonly...

How to Choose An Elder Law Attorney Near Me

Did you know that elder law attorneys specialize in legal issues facing seniors? There are a variety of reasons that a person may need to enlist the help of an elder law attorney, but everyone should consider these three tips when answering the question of how to...

When Family Caregivers Are Not Enough and a Nursing Home is Needed

Has your loved one reached the point where he or she needs more care than family caregivers are able to provide? The decision to move a loved one to a next level of care is a highly personal decision, often influenced by finances and community support. Some of the key...

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...

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

For more please click here.

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.

For more please click here.

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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