Probate

Probate is the court-supervised process of settling an estate in Ohio, including identifying heirs and assets, notifying creditors, and distributing property. Attorney Dhiman guides executors and administrators through each step with care, compassion and attention to detail.

Being an executor or trustee carries serious legal responsibilities and deadlines. An attorney can help you to understand and competently carry out your fiduciary duties when administering an estate.

No, a will does not avoid probate in Ohio. The will provides instructions to the court, and probate is the court process required to validate the will, appoint the estate executor, and oversee the distribution of assets. The probate court also makes decisions when the language in the will is unclear or when there is a conflict among the beneficiaries of the estate. While probate comes with its own set of costs and its own timeframe, it is a valid way to administer an estate.

Most probate cases in Ohio are completed within 6-12 months from when the case is opened in the county probate court. However, the timeline can be much longer (1-2 years or more) for complex cases involving family conflict, multiple assets, creditor claims, or real estate issues, and depending on court scheduling.

It’s possible to pass assets outside of a probate estate in several ways:

• Revocable Living Trusts

• Irrevocable Trusts (including MAPT or Medicaid Asset Protection Trusts)

• Transfer-on-Death Designations

• Joint Ownership or Tenancy with Rights of Survivorship

• Beneficiary Designations (such as for retirement accounts or life insurance)

It’s also possible for these methods to fail without careful planning and regular review, such as when a designated beneficiary predeceases you. An estate planning attorney can help you determine when these strategies may work for your situation, and just as importantly, when they may not be the best solution.

Letters of Authority, or Letters of Administration, are documents issued by the probate court that formally appoint an executor or administrator of the estate and grant the estate’s personal representative the legal authority to act on behalf of the estate — such as by accessing bank accounts, selling property, or paying debts.

Yes, you can administer an estate without legal representation. An attorney can make the process significantly easier, though. Many executors choose legal guidance to help them navigate the legal filings, deadlines, and fiduciary responsibilities that come with administering an estate, and to reduce their personal risk when acting in a fiduciary capacity.

Ohio offers simplified procedures for certain smaller estates. An attorney can help determine whether the rules that allow a summary release or simplified administration may apply in a given case.