The Link: Law Facts: Probate

By the Ohio State Bar Association

Great Place to start for Ohio Estates and Executors.  Covers many basic and extended aspects of the probate process in Ohio, including: “How much does probate cost?”, “How long does probate take?” as well as a general overview and what an executor or a beneficiary is likely to encounter during the administration of an estate.

Also: “Why is probate necessary?” and “What property is not included in probate?” are topics covered.

Article Summary

Summary based on OSBA Committees & Sections, Law Facts, March 27, 2014

Probate is the process of administering the estate of a person who has passed away, ensuring that debts, expenses, and taxes are paid, and that remaining assets are distributed properly. Probate applies only to property owned in the decedent’s name that cannot transfer automatically to someone else upon death. Other assets, such as joint property, trust assets, accounts payable on death, and insurance or retirement benefits, pass directly to designated beneficiaries without probate.

The probate process gives the executor or administrator the legal authority to manage and distribute the decedent’s assets. An executor is typically named in the will, while an administrator is appointed by the court if no will exists. These fiduciaries are responsible for caring for the decedent’s property, collecting income and debts, identifying heirs and beneficiaries, paying outstanding obligations, filing necessary tax returns, and ultimately distributing assets according to the will or state law.

Probate is supervised by the probate court, which may require documentation such as asset inventories, appraisals, accountings, and court approvals for distributions and fees. While small estates or estates passing entirely to a spouse may have simplified procedures, more complex estates, especially those with federal estate tax obligations, contested wills, or extensive debts, may take months or years to complete.

Probate costs include court filing fees and attorney or fiduciary fees, which are regulated by law and may vary based on the value and complexity of the estate. Executors and administrators are entitled to compensation for their services, though some fees may be waived.

Having a properly drafted will simplifies probate, allowing the decedent to choose how assets are distributed, nominate an executor, and potentially avoid certain administrative requirements. Without a will, probate property is distributed according to Ohio’s intestate succession laws. Executors, administrators, and beneficiaries benefit from understanding the probate process to ensure assets are managed efficiently and in accordance with the decedent’s wishes.

See Also

Ohio State Bar Association: What is Probate?