When Is Ohio Probate Required?

Quick summary: How does probate work in Ohio?

Ohio’s probate process begins when the court appoints a personal representative to oversee the estate’s administration. The appointed individual has to have been frequently mentioned in the deceased’s will before the court can appoint them. However, there are cases where the deceased fails to name any individual, leaving it up to the court or court clerk to designate one.

The estate administrator’s job includes collecting all the information they can about the deceased’s assets. They are also charged with managing the deceased’s finances, including paying off all their debts. This could be funeral expenses, taxes, money owed to creditors, and other costs incurred in the estate’s administration. Lastly, they must distribute all remaining assets amongst the dependents according to the deceased’s will or Ohio’s probate laws.

Common scenarios depicting instances when probate is required in Ohio

Probate is not always required, especially if the deceased’s property has to be transferred to a surviving owner or when a married couple owns the assets. Additionally, an estate doesn’t have to go through probate if the assets have a predetermined beneficiary designation or if the estate is valued at less than the funeral cost of $5000. Finally, you could avoid probate if the real estate has an Ohio transfer on death designation affidavit or insurance payouts to a named beneficiary.

That said, if your case falls outside the parameters mentioned above, then it is highly likely that you’ll have to go through probate. It would help if you prepared for the probate process by reading up on the procedure, seeking advice from an attorney, and going through some common scenarios depicting instances where probate is required.

They include:

Real estate ownership

Ohio recognizes three types of real estate ownership: sole ownership, joint tenants, and tenancy in common. Sole ownership involves instances where the deceased owns the real estate, while joint tenancy is when the deceased owns assets jointly with their spouse. Tenancy in common refers to instances where the deceased plus others own the same property in varying percentages.

Individuals involved in the first two types of real estate ownership should be prepared for their heirs to go through the probate process to determine how the property should be distributed upon their demise. However, there are instances where the deceased has specified their beneficiaries, and, in such cases, the property will be transferred directly to the beneficiaries without probate.

Additionally, cases, where the deceased had a joint tenancy with the right of survivorship require the property to be passed straight down to the surviving joint tenant outside of probate unless all joint tenants pass away.

Assets that are solely in the deceased’s name

While most people write their wills before they pass on, there are instances where some people need to remember to state beneficiaries to specific properties, leaving them solely in their name. Often, this becomes a challenge during asset distribution, forcing the assets to go through probate. Some assets that may require probate include investments, bank accounts, vehicles, etc.

For instance, the deceased may have owned bank accounts that did not have joint ownership or payable-on-death designations. Such accounts can make it difficult for their property to be transferred to their heirs. The only way to transfer these assets is to take them through the probate process and determine the best way to distribute them amongst the deceased’s beneficiaries or heirs. This process applies to furniture, jewelry, artwork, intellectual property, and other assets that the deceased owned.

The best measure you could take to prevent your assets from going through probate is to create a will that states which assets would go to which beneficiaries. Conversely, heirs or beneficiaries who feel like they should inherit a specific asset should make their claim through legal channels to get the property or a share of the property.

Disputes and claims against the estate

Disputes and claims against the estate are the most common reasons that often necessitate the probate process. Assets facing such challenges must be put through probate to ensure the beneficiaries get a fair share of their inheritance. Disputes or claims against the state may include:

Creditor claims

Often, assets meant to be transferred to heirs or beneficiaries may have to go through probate if the deceased owes debts. Legally, the estate’s administrator must inform any interested parties to submit their claims. After that, the creditors have a limited time to file their claims.

Disputes amongst heirs

Assets will also be put through probate if beneficiaries or heirs disagree with the will or asset distribution. The probate process will help resolve the disputes and ensure the assets are distributed fairly among the beneficiaries. It also allows interested parties to air their grievances and present evidence that supports their arguments.

Challenging the will

Additionally, assets that are supposed to be distributed may have to go through probate if one or more parties choose to contest the will. Challenges may include improper execution, lack of capacity, or undue influence. Probate will help ensure that all cases are heard and that provided evidence is examined to help determine the will’s validity.

Administrator disputes

Probate may also be required if the beneficiaries have disputes concerning the administrator and their decisions. A probate court will help resolve any issues amongst all concerned parties and allow the administrator to distribute the assets amongst the heirs and beneficiaries according to the deceased’s wishes.

Managing debts and taxes

As mentioned earlier, your assets may have to go through probate if the deceased had debts or taxes to pay. The process involves identifying and notifying creditors, allowing them to submit their claims to the estate. After submitting their claims, the probate court must review and validate them before the assets are distributed to the deceased’s beneficiaries.

Additionally, probate can help determine and pay taxes owed by the deceased. These taxes may include income taxes that the deceased owed during their final year alive, federal estate taxes, and Ohio state taxes. If the valuation of the estate exceeds a specific limit, the taxes will be paid from the estate’s assets. Estate taxes will require the administrator to evaluate the estate and pay all taxes owed.

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Release from the Administration

Individuals whose estate’s value is $35000 or less or whose surviving partner inherits the deceased’s assets through their will and whose estate’s value is less than $100000 will go through a simple and less expensive probate process. The process generally takes 2 to 3 months, after which the court orders that the estate’s assets be allocated to the beneficiaries or heirs.

Individuals who feel they qualify can apply for this procedure at the local probate court where the deceased lived. You’ll fill out the forms and provide a death certificate, funeral bills, documentation of assets, and the will, where possible. The assets will be released and transferred to the heirs when the court grants a summary release.

Summary release from administration

This is a similar procedure for estates with less than $40000 plus $5000 of funeral and burial expenses. You can also use a summary release from administration if you paid funeral or burial expenses and the estate’s value doesn’t exceed $5000. Qualifying for this allows you to apply for summary release from the administration, allowing the deceased’s assets to be transferred to the beneficiaries or heirs.

How long does formal probate take?

The most forward cases can take close to nine months after the court appoints an administrator. However, the process may take much longer than that. Regardless, it helps if you have an excellent attorney to help you through the process. A reasonable attorney will ensure everything runs promptly, and you’ll get your share of the inheritance as soon as possible.

We, Hess-Verdon & Associates, can help you with the probate process and ensure everything runs smoothly. We specialize in probate law and estate planning in Ohio and can help you with trust litigation, administration, etc. We’ll also help you navigate real estate litigation, ensure proper estate management, and create or contest a trust. We are dedicated to our client’s success and will go above and beyond to ensure you receive the best legal services.

Please contact us and schedule a consultation, or fill out our web form and let us help you navigate Ohio probate law clearly and confidently.