How To File Probate in Ohio

Ohio’s Probate Process

Dealing with the passing of a loved one can be stressful. Dealing with wills and probate court can make this time even more difficult.

Fortunately, petitioning for probate is a straightforward process. It can be accomplished easily and relatively quickly with simple estates. More complicated estates may require additional work.

Here’s what you need to know.

1) Steps Before Petitioning for Probate

Step one would be to locate the original will. Once obtained, you should file in the county where the deceased legally resides. If you can’t find the will, search online court records to see if it has already been filed.

Because Ohio probate court will not open an estate without proof the creator of the will has indeed passed on, you’ll also need to order a copy of the death certificate to include. These can be obtained by contacting the Ohio Department of Health, Vital Statistics.

2) Filing a Petition for Probate

Next, you’ll want to file a petition for probate. You’ll be looking to have the will admitted into probate and have an estate executor assigned. The petition should include:

• The name of the deceased.
• Their dates of birth and death.
• Legal residence.
• The names and addresses of any beneficiaries.

This is when you’ll want to have an attorney involved to ensure all details are covered to the court’s satisfaction.

Do you always need an attorney to handle probate? Not necessarily, although it’s nice to have someone with experience look after all the details. That said, if the estate is relatively small, the assets can cover all debts with some remaining, and relatives and beneficiaries get along. The deceased’s assets can be transferred without probate (e.g., joint investments, community property, retirement accounts, insurance policy proceeds, etc.), so you might not need an attorney to handle these affairs.

3) Letters of Authority and Administration of the Estate

Following filing a petition for probate and the hearing, the court will issue Letters of Authority to the executor. These will enable the executor to properly administer the estate by giving them access to a list of the decedent’s assets.

From there, the executor can identify beneficiaries, notify creditors, handle creditor claims, and draw up an inventory of the estate’s assets. The executor has three months from their assignation to prepare and file a complete list of the estate’s assets. Under Ohio probate law, creditors have six months to file any claims.

4) Closing Probate and Distributing the Estate

Once creditors have been dealt with, the executor must petition the probate court to close the estate. To help move the closeout process, they may seek and receive waivers from the estate’s beneficiaries. Upon approval from the court, the estate can be distributed to beneficiaries.

5) How Fast Are Wills Probated After Death?

How quickly it takes to complete probate can depend on several factors. The more valuable the estate and assets, the longer it could take. Likewise, an estate with a party contesting the will’s validity or with abundant creditors and bills will also take more time to settle.

Smaller estates with little in the way of assets and debts may move more quickly. In most cases, when the will is filed with the court, probate, and asset distribution can happen within eight to twelve months.

Since many details can be involved, the simpler the estate, the quicker the process.

6) Do All Wills Have To Go Through Probate In Ohio?

Not necessarily.

Should there be no assets part of the probate estate, or if the assets were jointly owned with a beneficiary, you could avoid going through probate. Assets not considered probate assets include payouts from life insurance, revocable trusts, and “pay on death” or “transfer on death” bank accounts, securities, and vehicle registrations.

Another reason some estates won’t require court supervision and formal probate in Ohio would be if the estate’s value is under $35,000 or the value of the probate estate is $100,000 or less. Should the whole estate go to a surviving spouse, then a “summary probate” can be applied, which would only involve completing some forms and waiting a certain amount of time before distributing the assets.

7) How Much Will All This Cost?

In Ohio, costs are usually made up of a combination of filing fees, attorney fees, and executor fees. The filing fee for probate of a will is typically around $100.

Attorneys’ fees and executor’s fees can be the most costly expense for the estate. These are often calculated based on a percentage of the estate value, an hourly or flat fee.

8) Getting Help When It’s Needed

Filing probate in Ohio can be simple or complex, depending on the estate. Should issues surround the estate, you can contact the legal team at Heban, Murphree & Lewandowski, LLC, to help you navigate the process. We’d happily answer any questions so the process is as smooth and hassle-free as possible.