The loss of a loved one is often coupled with a maze of things that have to be done in fairly short order. A skilled probate attorney can help you navigate the complexity and make the process of estate administration as straightforward for you as possible.
Probating an estate is the legal process through which a deceased person’s assets are distributed and debts are settled. The process involves validating the decedent’s will (if one exists) and overseeing the transfer of assets to the heirs or beneficiaries. In Ohio, the probate process can vary depending on the complexity of the estate, whether there is a valid will, and whether the estate qualifies for simpler procedures.
Types of Probate in Ohio
Ohio has several ways to probate an estate, depending on its size and complexity:
Formal Administration (Also called “Full Administration”)
- This is the standard probate process, also known as “full administration.”
- It requires more court oversight and typically takes longer to complete.
Release from Administration
- Certain smaller estates qualify for a faster process called Release from Administration
- This process is simpler, faster, and doesn’t require a lengthy court proceeding, but fewer estates qualify
- To qualify, the estate assets must be below $35,000 (or $100,000 if all to spouse)
Summary Release from Administration
- If the decedent’s estate is less than $5,000, either the surviving spouse or the person who paid the funeral bill may apply for summary release to release the assets. This is the shortest process, but few estate qualify.
Timeline of Estate Administration in Ohio
The Ohio Supreme Court and Ohio Statutes set six months to complete probate initially. Many estates need at least one exception, however. Probate in Ohio typically takes 8 months to a year, but it can take longer if there are complications such as disputes, real estate to be sold, or other complex issues. The timeline may vary depending on the estate’s size and complexity, the efficiency of the personal representative, and whether the estate is contested.
Cost of Probate in Ohio
Probate can be costly, with fees including court costs, attorney fees, fiduciary fees, and other administrative costs. Ohio law allows fiduciaries (executors and administrators) to charge a percentage of the estate’s value for their services.
Conclusion
Probating an estate in Ohio can be a detailed and sometimes lengthy process, but understanding the steps and requirements can help ensure the estate is administered properly. If you’re involved in a probate matter in Ohio, it’s a good idea to consult with a probate attorney to navigate the process efficiently and ensure that all legal requirements are met. Attorney JC Elgin helps families in Richland, Crawford, Ashland, and Huron Counties with estate administration issues.
