If you are dealing with the loss of a loved one, the last thing you want to worry about is the complex legal process of probate. Probate can be an overwhelming experience, but having the proper legal guidance from an experienced probate attorney can make all the difference.
What is Probate? Probate is the legal process of administering a deceased person’s estate. This includes identifying and gathering the deceased person’s assets, paying outstanding debts and taxes, and distributing the remaining assets to the rightful heirs or beneficiaries. Probate is overseen by the county probate court where the deceased individual lived.
- Understanding Ohio’s Probate Laws
Each state has its unique probate laws and procedures. In Ohio, the probate process can vary significantly depending on the size and complexity of the estate. An experienced probate attorney in Ohio will be well-versed in the state’s specific requirements and deadlines. They can ensure you fulfill all your legal obligations and avoid costly mistakes.
- Identifying and Gathering Assets
One of the first steps in the probate process is identifying and securing all the deceased person’s assets. This can include real estate, bank accounts, investments, personal property, and more. An attorney will help you locate and inventory these assets, as well as ensure they are properly transferred or retitled.
- Paying Debts and Taxes
The probate process also requires the Estate to pay any valid claims made against the Estate, such as mortgages, loans, credit card balances, and medical bills.
Additionally, they can determine whether an estate tax return is needed. Missing tax deadlines or improper filing can lead to penalties and interest.
- Distributing Assets to Heirs
Once debts are paid, the remaining assets must be distributed to the deceased person’s heirs or beneficiaries named in their will. This process can be complex, especially if there are multiple heirs or the will is ambiguous. A probate attorney can interpret the will, identify the rightful beneficiaries, and ensure assets are properly distributed according to the deceased person’s wishes or Ohio law.
- Avoiding Family Conflicts
Settling an estate can often ignite tensions and conflicts within a family. Having a neutral third-party probate lawyer can be invaluable if there are disagreements over the Will or asset distribution. The lawyer can help mediate disputes and protect the executor or administrator from liability.
When is Probate Necessary?
In Ohio, probate is required when the deceased person owned one or more assets, individually, and named no beneficiary. An attorney can review the specifics of your situation and advise you on what type of probate is necessary.
Hiring a Probate Attorney in Ohio If you are the executor named in a Will or the person tasked with settling someone’s estate, we strongly recommend consulting a probate attorney. The right legal guidance can save you time, money, and stress during this difficult period.
At Cavitch, our probate lawyers have decades of experience helping families in Ohio navigate the probate process. We can walk you through each step, handle all the required court filings and notices, and ensure the estate is administered properly and efficiently. Our goal is to give you peace of mind so you can focus on grieving and celebrating your loved one’s life.
If you have questions about probate or need assistance, we encourage you to reach out to our team. Contact us at 216-621-7860 to get started.