Probate Administration FAQs

  • Probate is a legal process through which a deceased person's will is validated, and their estate is administered according to the will or, if there is no will, according to state laws.

  • Probate is generally required when a deceased person owns property solely in their name or has debts that need to be settled. Certain assets like joint accounts or those with designated beneficiaries may bypass probate. 

  • The length of the probate process can vary, but it typically takes between six months to a year to complete, depending on the complexity of the estate and any potential disputes. 

  • Costs associated with probate can include court filing fees, attorney fees, executor fees, appraisal fees, and other administrative costs. The total expense can vary widely based on the size and complexity of the estate. 

  • The probate process is overseen by the probate court in the county where the deceased person resided. The court ensures that the will is valid and that the estate is distributed according to the will or state law. 

  • The executor, named in the will, is responsible for managing the probate process. This includes gathering the deceased's assets, paying debts and taxes, and distributing the remaining assets to beneficiaries. 

  • If a person dies without a will (intestate), their estate is distributed according to Ohio's intestacy laws. The court will appoint an administrator to manage the estate, similar to the role of an executor. 

  • Certain estate planning tools can help avoid probate, such as setting up trusts, designating beneficiaries on accounts, and holding property jointly. Consulting with an estate planning attorney can provide more specific strategies. 

  • Not all estates require probate. Small estates with assets totaling less than a certain amount ($35,000, or $100,000 if surviving spouse is the sole beneficiary) may qualify for a simplified probate process or be exempt from probate altogether. 

  • If someone contests a will, arguing that it is invalid or that it doesn't reflect the deceased's true intentions, the probate court will hold hearings to resolve the dispute. This can extend the probate process and increase costs. 

  • Yes, executors are entitled to reasonable compensation for their services, which is typically based on a percentage of the estate's value. The exact amount can vary and may be subject to court approval. 

  • Letters Testamentary are documents issued by the probate court that authorize the executor to act on behalf of the estate. They are necessary for the executor to access the deceased's financial accounts and manage other assets. 

  • If there is no will, the court issues Letters of Administration to the appointed administrator, granting them similar authority to manage the estate as an executor would have with Letters Testamentary. 

  • The responsibilities of an administrator are similar to those of an executor. They must inventory the estate's assets, pay debts and taxes, and distribute the remaining assets according to state law. 

  • Executors and administrators have a fiduciary duty to act in the best interests of the estate and its beneficiaries. This includes managing the estate assets prudently, avoiding conflicts of interest, and being transparent in their actions. 

  • The executor or administrator must identify and notify creditors of the probate proceedings. Legitimate debts are paid from the estate before any remaining assets are distributed to beneficiaries. 

  • The estate may be responsible for paying federal estate taxes, state estate taxes, and income taxes. The executor or administrator must file the necessary tax returns and settle any tax liabilities. 

  • Personal property, such as household items, vehicles, and collectibles, is inventoried and appraised. These items are then distributed to beneficiaries according to the will or state law. 

  • Yes, real estate owned solely by the deceased must go through probate. The executor or administrator may need to sell the property to pay debts or distribute the proceeds to beneficiaries. 

  • A probate bond is a type of insurance policy that protects the estate from potential losses caused by the executor's or administrator's misconduct or negligence. The court may require a bond, depending on the circumstances. 

  • The probate court oversees the administration of the estate, ensuring that the will is followed and that the executor or administrator fulfills their duties. The court resolves disputes and approves the final distribution of assets. 

  • An attorney can provide valuable guidance and support throughout the probate process, helping navigate legal requirements, manage paperwork, and address any issues that arise. Hiring an attorney can help ensure the process runs smoothly and efficiently.