Probate can feel overwhelming, especially during a time of loss. If you’re wondering what probate means and how it works in Ohio, you’re not alone. This article breaks down the process step by step and offers tips to make it easier for your family.

What Is Probate in Ohio?

Probate is the legal process of settling a person’s estate after they pass away. It involves filing the will if one exists, appointing an executor or administrator, paying debts and taxes, and distributing assets to heirs. In Ohio, probate is handled by the county probate court where the deceased lived.

When Is Probate Required in Ohio?

Not every estate goes through probate. Probate is generally required for an asset when the deceased owned the asset solely in their name and when there was no beneficiary designation on the asset.

Step-by-Step Probate Process in Ohio

Step 1: File the Will and Open the Estate

The executor files the will with the probate court and petitions to open the estate. If there’s no will, the court appoints an administrator.

Step 2: Notify Heirs and Beneficiaries

Ohio law requires formal notice to the deceased’s heirs (as determined by Ohio’s intestacy law) and to the beneficiaries named in the will (if there is a will). This ensures everyone with a legal interest is informed that a probate proceeding has been started and what their rights are under the law.

Step 3: Inventory and Appraise Assets

The executor lists all assets, including real estate, bank accounts, and personal property, and submits an inventory to the court.

Step 4: Pay Debts and Taxes

Outstanding bills, funeral expenses, and taxes must be paid before distributing assets.

Step 5: Distribute Remaining Assets

Once debts are cleared, the remaining assets are distributed according to the will or Ohio intestacy laws.

How Long Does Probate Take in Ohio?

Most probate cases in Ohio take six to nine months, but complex estates can take longer. Delays often occur due to disputes, missing documents, or creditor claims.

Can Probate Be Avoided?

Many people, once they understand that probate lacks privacy, is complicated, is expensive, and fails to protect beneficiaries, wish to avoid the probate process entirely. They then begin to investigate whether probate can be avoided. For more information on why probate should be avoided, read our article “Why Avoid Probate?”

Probate can be avoided through careful planning. One of the most effective ways to avoid probate is by creating a living trust. A living trust allows you to transfer ownership of your assets into the trust during your lifetime. When you pass away, the assets in the trust are distributed directly to your beneficiaries without going through probate. This method is generally better than relying on beneficiary designations or transfer-on-death deeds because it provides comprehensive control, privacy, and flexibility. Unlike other methods, a living trust can control all your assets, reduce the risk of disputes, and ensure a smoother transition for your loved ones. Read our article: “Should I Have a Living Trust?”

Final Thoughts

Probate doesn’t have to be intimidating. With the right planning, you can simplify the process or avoid it altogether. If you need help navigating probate in Ohio, our team at Legacy Law Group is here to guide you every step of the way. Use this link to request an appointment with one of our probate attorneys.

If you want to learn more about creating your own estate plan that will avoid probate, get a copy of our free Estate Planning Checklist.