A Firm Offering Comprehensive Probate And Estate Administration Services

Probate is the court-supervised process where a deceased person’s estate is managed and eventually distributed to his or her heirs. The process can be long, complex and expensive, which is why it is important to work with an experienced attorney. At Legacy Law Firm, LLC, we can help guide you through the process to keep probate as quick and simple as possible.

Estate Administration When There Is No Will

If you do not have a will, or if your will does not comply with all the necessary legal formalities, then your assets will pass via “intestate succession.” That means that you will have no say in where your things will go, nor who will be the one to manage your estate. Any assets in your probate estate will pass according to whatever Ohio’s statute of descent and distribution says at the time you pass away. (Section 2105.06 of the Ohio Revised Code)

Without a will, additional restrictions and limitations are applied to your heirs. For example, an executor under a will can live in another state; this is not so without a will. Similarly, a will can include a waiver of bond where you can request that your executor not be required to purchase a probate bond. These bonds are there to address any problems that may arise during probate, but they can be expensive and are often not needed.

Estate Administration When There Is A Will

Probably the most common misconception that we hear is that people think wills help your estate avoid going through probate. Unfortunately, that is not true. Having a will makes probate easier, quicker and simpler in most cases, but probate is still required.

When preparing a will, you nominate who you would like the probate court to appoint to be the executor. That person is given preference, but it is ultimately up to the judge. Similarly, you nominate who you would like to be the guardian if you have any underage or disabled children you care for.

The other main thing a will does is allow you to control who inherits the things you own which are subject to probate. This gets confusing as people often do not understand which items are subject to probate and which are not. If a will attempts to give a non-probate item to someone, it will be ineffective.

What Happens When Someone Dies Without A Will In Ohio

Ohio follows a set order for passing assets when no valid will exists. The law looks first to a surviving spouse and children. A spouse takes everything if no kids exist. If children are involved, the spouse gets the first $20,000, plus half of the rest. The children split the remainder equally. Grandchildren step in only if their parent predeceases the owner.

If there is no spouse or descendants, the sequence moves like this:

• Parents inherit next
• Then brothers and sisters
• More distant relatives follow until someone qualifies
• If no family turns up, the state claims the estate

Courts appoint an administrator, often a close relative, to handle the process. Out-of-state relatives cannot serve. A bond is usually required, adding cost and delay.

Picture a Cuyahoga Falls teacher who rented her home and kept savings in her name alone. She assumed her longtime partner would receive everything. Without a will, he received nothing under the statute. Her estranged sister, living in Florida, took control. Proper paperwork created ahead of time prevents such outcomes.

Our duty is to review accounts and titles to spot risks early.

Ways To Keep Assets Out Of Probate In Ohio

Common tools include:

• Revocable living trust: Holds title to homes and accounts. Assets flow directly to named beneficiaries.
• Joint ownership with survivorship: The surviving owner gains full control automatically.
• Payable on death bank accounts: Funds go straight to the named person.
• Transfer on death deeds: Real estate passes without probate.
• Beneficiary designations: Life insurance and retirement plans stay separate.

These tools must be set up correctly. The best time to create safeguards is long before any health concerns. Working with our attorney means each piece is reviewed and updated as laws change.

Day-To-Day Duties Of An Executor In Ohio

The court appoints the executor to wrap up the estate. The job starts right away and follows a clear sequence. Key tasks include:

• Locate deeds, statements and safe deposit boxes
• Give formal notice to creditors
• File final income taxes and any estate taxes
• Prepare inventory within three months
• Keep records of every payment and receipt
• Submit final accounting before closing

Family members often handle these tasks themselves to save fees, only to miss deadlines or overlook deductions. However, letting us charge early means we will manage the entire timeline so executors can focus on the family.

Discuss Your Legal Needs During A Free Initial Consultation

If you need answers to questions about probate or want to learn more about your options, Legacy Law Firm, LLC, is pleased to offer free initial consultations at our office, via phone/video or at a location convenient for you. To schedule your first meeting, call us in Cuyahoga Falls, Ohio, at 330-529-7070. You can also fill out an online contact form.