Also Serving Cleveland Clients Across the State in Probate Matters
Probate is the legal process of administering an estate after a person’s death under the supervision of a court. Under state law, the deceased person’s estate is distributed according to their will or, if no valid will exists, per Ohio inheritance law. The process is necessary to ensure that the deceased’s wishes are carried out and their assets are distributed fairly and legally. It also helps to protect the interests of creditors and heirs.
If you have been named the executor or administrator of a probated estate, you may have many questions about your legal responsibilities. At VanHo Law, our probate attorney can help you navigate the process to effectively meet your obligations. We also represent heirs, beneficiaries, and third parties who may have disputes over aspects of the probate process. Attorney VanHo has extensive litigation experience that can applied to your case.
Request a consultation with our Akron probate attorney at VanHo Law by calling (330) 681-1120 or emailing us on our online contact form.
When Is Probate Required in Ohio?
Probate is generally required when a deceased person leaves behind assets that are solely in their name at the time of their death. This includes bank accounts, real estate, and personal property with significant value.
However, assets held in joint tenancy, trusts, or with designated beneficiaries typically bypass the probate process. Additionally, if disputes arise regarding the validity of a will or who is entitled to inherit, probate litigation may be necessary to resolve these issues.
Are There Different Types of Probate in Ohio?
Under Ohio law, several types of probate proceedings exist, including:
Full probate: This is the standard form of probate for administering an estate when the deceased has left a will or when an estate's value requires court supervision. Full probate involves the appointment of an executor, inventorying assets, paying debts, and ultimately distributing assets to beneficiaries.
Summary release from administration: For smaller estates, this expedited process allows for the quick transfer of assets without the extensive formalities of full probate. Generally, this is available for estates whose total value is less than a specific threshold set by Ohio law.
Release from administration: This option is available for cases where the decedent's assets do not exceed a specific value. It allows for a simpler and quicker resolution of estate matters without formal probate proceedings.
The Probate Process
The probate process typically involves several key steps:
Filing the will and petition: The executor submits the will (if it exists) and a petition for probate to the probate court in the county where the deceased resided.
Appointment of executor: The court formally appoints the executor named in the will or, if there is no will, appoints an administrator to manage the estate.
Inventory and appraisal: The executor must compile an inventory of the deceased's assets, which may involve appraising certain items.
Settling debts and taxes: The executor is responsible for notifying creditors and paying any legitimate debts and taxes due from the estate.
Distribution of assets: Once all debts have been settled, the executor distributes the remaining assets to beneficiaries according to the wishes outlined in the will or per state intestacy laws if no will exists.
Fiduciary Duty of Executors or Administrators
Executors or administrators in the probate process are subject to a fiduciary duty. This legal obligation demands that they act in the estate's and its beneficiaries' best interests.
This duty includes several vital responsibilities: loyalty, care, and transparency. Executors must prioritize the estate's needs and interests above their own and avoid any actions that could result in a conflict of interest.
Executors are expected to manage the estate, seeing that assets are preserved, debts are paid, and distributions are made according to the will or state law. Additionally, executors must maintain clear and transparent communication with beneficiaries, informing them about the estate's administration and financial status.
Failure to uphold fiduciary duties can lead to legal consequences, including personal liability for any losses incurred by the estate. Thus, understanding and adhering to these responsibilities is critical for executors and administrators navigating the probate process.
The probate process can be complex and overwhelming, but we can guide you through each step. Our attorney provides comprehensive support to executors so their responsibilities are carried out thoroughly and efficiently. Additionally, we represent others in probate disputes or litigation, drawing on our decades of court experience to protect your rights and interests.
You can reach us online or at (330) 681-1120 to consult an Akron probate attorney today.
Ohio’s Dedicated Legal ProfessionalMeet Adam VanHo
Veteran Akron attorney Adam VanHo brings years of experience, skill, and strategic insight to a wide range of cases. As a former prosecutor, his background provides a powerful advantage in protecting your rights and securing the best possible outcome. Learn more by visiting his profile.
