Ohio Probate Laws – Understand and Protect You Assets

Probate laws in Ohio are complex but you understanding them will help you guarantee that the estate you spent a lifetime accumulating benefits your loved ones. Ohio probate court is responsible for a broad array of duties. The law it governs guides the rules for validating a will and handling an estate when someone, such as a family member or other loved one, passes away. These laws make sure creditors are paid in a timely and accurate manor, and assets are distributed according to your will or if there is no will (not a good thing generally) then you will get the will the state wrote for you.

If you are dealing with the Ohio courts on a probate or estate related case, or if you think you might be facing one in the near future, it is important to work with a trusted and knowledgeable attorney well versed in Ohio estate administration. Our Ohio probate attorneys know the ins and outs of Ohio probate law and are available to help you.

Ohio Probate Laws - What You Need to Know about Asset Distribution

Filing probate forms and paperwork expeditiously assures that an estate is settled as quickly as possible. The probate process continues over time with a running docket listing of all probate forms and papers assigned to a predetermined file number by the clerk for the administration of the probate.

A Probate Judge will preside over the proceeding. The court allows the process to continue for a lengthy period lasting anywhere from three to eighteen months, depending upon the extent of assets and necessity for filing estate taxes.

The spouse and minor children of the deceased receivethe first $40,000 of the probate estate as a family allowance. After bills and taxes are paid, the surviving spouse receives one-half of the net estate, unless two or more of the decedent's children, or their lineal descendants, survive, in which case the surviving spouse receives one-third of the net estate.

If there is no living spouse then the estate is divided between the children. If neither spouse nor offspring exist, the estate reverts to the deceased's parents. If the deceased's parents have also passed, then the estate is shared between the deceased's siblings, nieces and nephews.

Frequently Asked Ohio Probate Questions

What areas do the probate laws govern?

The probate courts have authority over 200 duties. The most common are:

• Adoption
• Change of Name
• Estates
• Guardianships
• Marriages
• Wills

Under Ohio probate law, who answers questions or makes decisions in the event of contention within a case?

The Probate Judge who presides over the proceeding is responsible formaking decisions and rulings on any questions that arise.

Who handles all the administration of an estate in probate?

The Judge will appoint a personal representative, or executor, to handle administration of the probate, pay all taxes and creditors, and settle the estate as defined by Ohio probate laws.

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