• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

The Alpern Law Firm

Attorneys & Counselors At Law

CALL US TODAY
(800) 307-5544
(330) 394-1501

Seminars/Webinars
  • Home
  • Our Firm
    • About Our Firm
    • About The American Academy
    • Advantages of Working With Our Firm
    • Attorney and Staff Profiles
    • Multimedia
    • News & Events
  • Estate Planning
    • Asset Protection & Business Planning
    • Estate and Gift Tax Calculations
    • Estate Planning Services
    • Elder Law & Medicaid Services
    • Family-Owned Businesses & Farms
    • Legacy Planning
    • LGBTQ Estate Planning
    • Powers of Attorney
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Elder Law
    • Are You A Caregiver?
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Seminars/Webinars
  • Resources
    • Elder Law Resources
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
    • Estate Planning Resources
      • Estate Planning Articles
      • Estate Planning Definitions
      • Estate Planning Reports
      • Estate Planning Checkup
      • Is Your Estate Plan Outdated?
      • Incapacity Planning Definitions
      • Top 10 Estate and Legacy Planning Techniques
    • Educational Alerts
    • Frequently Asked Questions
      • Estate Planning FAQ’s
      • Incapacity Planning FAQs
      • LGBTQ Estate Planning FAQs
      • Trust Administration & Probate FAQs
    • LGBTQ Resources
    • Published Books
    • Special Needs Resources
    • Trust Administration & Probate
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Blog
  • Contact Us
Home / Wills & Trusts / The Ohio Probate Process

The Ohio Probate Process

September 13, 2010 by Jack N. Alpern, Estate Planning Attorney

Probate is the legal process that administers the estate of a deceased individual.  This process varies between states, and in Ohio, estates are probated in the appropriately named Probate Court (other states may use terms such as Surrogates Court or Orphans Court).  The probate process for an estate encompasses the following tasks:

  1. Filing a notice of death, offering and validating a will if one exists, and filing forms to begin the process;
  2. Appointing an Executor of the estate.  An executor is normally named within a will, but if a will does not exist, the Probate court will appoint an Administrator, which they usually refer to as a fiduciary, one who has an obligation to administer the estate on behalf of the deceased.
  3. Inventorying and determining the value of assets and filing the inventory with the Court;
  4. Identifying and paying creditors;
  5. Filing a final tax return for the deceased.
  6. Distributing assets to heirs or beneficiaries.
  7. Closing the estate and filing the final paperwork with the Court.

As you can see, probate in Ohio can be a time-consuming and complex set of tasks, and it can take a year or more to completely settle an estate.  There are also probate fees involved based on a percentage of the value of an estate.  As such, estate planning often focuses on avoiding probate using estate planning tools such as trusts.

For smaller estates, the Ohio probate process is less time consuming.  Ohio defines a small estate as:

  • An estate with property, both real and personal, of less than $35,000 for a single individual; or
  • An estate valued up to $100,000 if all property passes to the surviving spouse of the decedent

In the case of these small estates, they may be released from administration by the Probate Court, but appropriate filings and paperwork must be filed.

Due to the complexity of probate law, most individuals who have filings before the Court are represented by an attorney.  While a will does smooth the probate process for an estate, planning to avoid probate and preplanning the financial aspects of an estate may be the most cost-effective and efficient strategy for you and your family, and an attorney experienced in wills and trusts, probate law and estate planning can handle this on your behalf.

  • Author
  • Recent Posts
Jack N. Alpern, Estate Planning Attorney
Latest posts by Jack N. Alpern, Estate Planning Attorney (see all)
  • The Inflation Reduction Act - September 13, 2022
  • How Do I Trust Thee…Part II - July 1, 2022
  • How Do I Trust Thee…Part I - July 1, 2022

Filed Under: Wills & Trusts Tagged With: probate, trusts, wills

Primary Sidebar

Address

HOWLAND
8600 East Market Street Suite 1
Howland (Warren), Ohio 44484
United States (US)
Phone: (330) 394-1501
Secondary phone: (800) 307-5544

Office Hours

Monday8:30 AM - 5:00 PM
Tuesday8:30 AM - 5:00 PM
Wednesday8:30 AM - 5:00 PM
Thursday8:30 AM - 5:00 PM
Friday8:30 AM - 5:00 PM

Closed for lunch from 12:00 pm-1:00 pm

Map

map for The Alpern Law Firm office

Footer

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube
The Alpern Law Firm logo

© 2023 American Academy of Estate Planning Attorneys, Inc.| Disclaimer | Privacy Policy | Sitemap