Overview of the Ohio Probate Process

When a family member or close friend passes away there are a lot of tough decisions to be made.  The majority of individuals that I meet with want to set up their estate in order to avoid probate.  There are additional costs and time that come along with the probate process.  Whether you can avoid the Probate Court completely depends on what property you own.  Opening up an estate will become necessary if you own bank accounts, real estate, motor vehicles, or other property that is only in your name.

The Probate Process

Generally, an estate is open for a period of 6 months.  The estate can remain open for longer period of time depending on the complexity.  First, one files paperwork with the Probate Court to open the estate and to appoint a Fiduciary (executor or administrator).  This person is in charge of handling and disbursing the estate assets.  If there is a will the Fiduciary carries out the directions that appear in the will.  If there is no will the Fiduciary will distribute the property according to the Ohio law of descent and distribution.

Other Documents You Will File

There are certain documents one must file along the way.  First, you file the Inventory and Appraisal documents within 3 months of the case opening.  These forms inform the Court what property makes up the estate.  Next, you file the Final or Partial Account within 6 months of the case opening.  These documents describe what property makes up the estate and details who receives the property through inheritance.  Typically, after the filing of the account the case closes.  Depending on the cases’ circumstances the probate process can remain open for a longer period of time.  Examples include selling a home, pursuing a wrongful death claim, etc.

The Probate Court oversees everything that is done regarding the distribution of the property of the estate.