Probate is a legal process in Ohio to administer certain types of property (known as probate property) which was individually owned by a person who has died.
Ohio probate laws and the probate process have been established to oversee the distribution of an estate in accordance with the deceased person's will and/or Ohio laws. In addition, the probate process assures that all claims, expenses and taxes for the estate are properly paid.
Probate proceedings take place in the probate court of the Ohio county where the deceased person lived.
Probate Video Explains Probate in Ohio
What's Involved in the Probate Process
Probating an estate involves the appointment of a person to administer the estate. If the deceased person had a will, this person is called the executor. If the deceased person did not have a will or the will did not specify an executor, the probate court appoints a person who is known as the administrator.
The executor or administrator performs various duties supervised by the probate court. These tasks may include the following:
Responsibility for all property of the estate.
Collecting all payments due the estate.
Determining the heirs of the estate and communicating with the heirs.
Paying all valid claims against the estate.
Filing all required federal and state income tax returns.
Implementing the directions and instructions provided by the probate court.
How Long Does the Probate Process Take?
There is no exact answer for how long the probate process will take. Every estate and probate court in Ohio is unique and different. However, claims against the estate can easily take six (6) months to resolve. If the filing of state and federal income taxes are involved, the probate process can take a year or more to finalize.
If you have questions about the probate process in Ohio, please contact us for a free consultation to discuss the details of your case.