Probate

Technically, “probate” is the process of proving the validity of a will. But the definition has expanded to mean the court supervised administration of a decedent’s estate, whether or not the decedent had a will.

A. Administration

In Ohio, the probate process is not particularly onerous. In broad terms, a full administration includes admission of the will (if there is one), and appointment of the executor (if there is a will) or administrator (if there is no will). The executor (or administrator) then secures the decedent’s property, reports what property is under the executor’s control, pays any debts and bills, pays the tax man if necessary, distributes the property in accordance with the will, or if none, in accordance with the laws of the State of Ohio, and reporting to the court as to what has taken place.

If no estate tax return is required, the administration process is supposed to be completed within 6 months after the estate is opened. Generally speaking, a creditor has 6 months after the date of death to present a claim. Since an estate is not usually opened until sometime after the date of death, the 6 month period of time envisions closing the estate shortly after the time has expired for presentment of claims. But as a practical matter, administration may take longer, especially if there is real estate that needs to be sold rather than distributed. If an estate tax return is required, the administration is supposed to be completed in 13 months. This is because the estate tax return is due 9 months after the date of death, and some time is required to finalize it after it is filed.

B. Release of Assets

Depending on the amount of probate property one has, a full administration may not be required. Smaller estates may qualify for what is commonly called a “Release of Assets.” There are several different flavors of Releases, depending on the value of the assets to be released and to whom the property is going. Some flavors of Releases may take a couple of weeks to be granted; others are heard and granted immediately upon filing.

If you are dealing with the death of a loved one, we can help you through the process if you contact us.