What You Need to Know About the Basics of Ohio Probate
Ohio outlines the probate process for courts to follow. Here’s everything you need to know about the basics of Ohio probate.
Probate courts oversee the distribution of a decedent’s estate and any challenges arising from the distribution. Depending on the complexity of the probate, the proceedings can range from six months to well over a year.
What is Probate?
Probate is the legal process surrounding distributing a decedent’s estate. Under Ohio’s intestate laws, a probate court will oversee the distribution of a deceased’s property based on the conditions outlined in their will, or if no will exists. Intestate is the distribution of an estate and assets based on Ohio’s state guidelines.
Probate includes the titled property of a decedent, meaning only a decedent’s assets in their name will undergo probate. If the decedent shared property with another owner(s), the remaining owners split the property without a probate hearing. Additionally, any asset with a designated beneficiary does not undergo probate.
Ohio Probate Laws
Ohio has laws overseeing the probate process. Different probate processes apply depending on the size of the estate. A simplified probate process is available depending on the complexity of the distribution of assets and the estate’s value. The process takes less time and money.
Two primary situations apply where a court can minimize or ease administrative probate duties. The first is when a surviving spouse inherits all probate property, regardless of whether it was due to a will or intestate laws. In this case, the estate’s value has to be under $100,000 to undergo a simplified probate process.
The second situation is when the estate’s value is $35,000 or less. In this case, the designated administrator of the estate can ask a judge to relieve some of their probate duties. The release of the duties helps to expedite and simplify the probate process.
In cases where an estate is small, an administrator can apply for a Summary Release from Administration. This process is only applicable if the estate is valued at $5,000 or less or worth less than funeral expenses. A Summary Release allows all individuals, except surviving spouses, to not participate in the probate process.
A surviving spouse can ask for a Summary Release from Administration if:
- They inherit the entire estate and are eligible to receive a family support allowance,
- The decedent’s assets have a value of less than $45,000, and
- They have or will pay all the funeral expenses.
Ohio requires individuals to present multiple documents when applying for a Summary Release. Although every county has different requirements for which forms an individual should file, most counties, at a minimum, will ask for a copy of a will if it exists, a certified copy of the death certificate, funeral bills, and receipts, and the market value of property and vehicles.
Related: Ohio Inheritance Laws: An Overview
Ohio Probate Process
The first step of the probate process is when the court appoints a personal representative to oversee the administration of the estate. The personal representative may be listed in the will or appointed by a judge. The administrator will handle each step of the probate process.
Personal representatives will note the decedent’s assets and property, including any outstanding bills. They will pay off those bills using the money from the estate. Next, the personal representative may compile any will the decedent had and their death certificate to begin the Application for Probate. Each county will have its application and forms to complete.
After the personal representative applies, they must provide a Notice to Heirs to inform the heirs about the pending probate process or a Waiver of Notice if the heirs are aware. If one does not sign a waiver, the personal representative must serve the notice to the heirs. The representative must provide the probate court with proof of the waivers or service to the heirs.
A judge will hold a hearing to determine whether the will is the decedent’s final will and whether it meets Ohio’s standards. During this hearing, Ohio allows heirs to contest the will and legitimacy. Heirs can also challenge the appointment of a personal representative. Once a judge formally recognizes the will, they may issue the personal representative the authority to oversee the distribution of the estate.
The personal representative will follow the terms of the will and any instructions a judge issues. A probate court still oversees the distribution process. Once the administrator completes the process, a judge will relieve them of their duties.
Related: How to Get a Restraining Order in Ohio
Ohio Probate Costs
Probate can be an expensive process. Court fees range from $200 to $250, depending on the county. Administrators of the estate receive a percentage of the value of the probate estate, although they can choose not to accept the money since Ohio considers it taxable income. If an appraisal is necessary to determine the estate’s value, appraisal fees may apply. Similarly, attorney fees will vary on billing hours.
How Long Does Probate Take in Ohio?
Most probate cases can take nine months when a court appoints a personal representative. It must take at least six months since that is how long creditors have to file a claim in Ohio. If an estate owes state and/or federal tax, probate can take a year or more to complete.
Heirs have three months from the notification of probate to file a will contest. A will contest can add substantial delays to the probate process. If an heir believes a personal representative mismanages the estate, they can also file a claim. The court will halt the probate process to investigate the claims.
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