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Probate Process in Ohio
Probate Estates are under the jurisdiction of the Probate Court in Ohio and Florida. If required, a probate would be established in the County of the decedent's residence at the time of death, or in the County where decedent owned property (real estate or personal property) if the decedent resided, for example, in another state at the time of death.
Typically, an uncontested probate can be concluded within 6 months from the initial filing with the Probate Court.
If the Decedent died with a valid Will, which named an individual to act as Executor, then such person would generally be appointed by the Court to act in such capacity and Letters of Authority would be issued. These Letters of Authority basically give the Executor the same authority to act as if the decedent were still living.
If the decedent died without a Will or if decedent's Will did not name an Executor, then the Court would appoint and Administrator of the decedent's estate.
What is Probate?
Probate is the legal process through which a deceased person’s estate is administered and distributed under court supervision. In Ohio, probate ensures that debts are paid, assets are properly transferred to beneficiaries, and the decedent’s final affairs are settled according to their will or state law.
The process begins when the executor, administrator, or personal representative files the necessary paperwork with the probate court in the county where the deceased resided. The court will validate the will (if applicable), appoint the executor or personal representative, and oversee the inventory and appraisal of estate assets. Creditors must be notified, and debts, taxes, and final expenses must be settled before distributions to heirs can occur.
At Layman Law Group, we guide executors and beneficiaries through the probate process, ensuring efficiency, compliance with Ohio or Florida laws, and protection of estate assets. Our experienced attorneys help minimize delays, resolve disputes, and explore probate avoidance strategies when possible. Contact us today for expert legal support in navigating Ohio and Florida probate.
Do I Need Probate?
Under Ohio and Florida law, a probate of an estate is generally necessary when an individual passes away leaving assets that do not pass via beneficiary designation, joint tenancy, or were not held in trust.
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Trust & Other Non-Probate Assets
What happens if the decedent had a trust with assets or had assets that were owned jointly with another person or named a beneficiary (for example, a joint bank account between husband and wife or a retirement plan that named a child as beneficiary? Must those assets also be reported to the probate court? The simple answer is NO. As described above, only assets in the decedent's name alone without a beneficiary named must be reported to the probate court.
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However, that does NOT mean that there is no reporting required. If the decedent had a trust, many of the same steps described above are necessary to administer the trust - the benefit of the trust is that there is generally no need to involve the probate court. Whether a trust exists or not, there may be other filing requirements (for example, an estate tax return filing).
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Therefore, we recommend that every family contact an attorney after the death of a loved one to confirm whether any legal work is necessary to settle the estate.
The cost of probate can vary depending on the complexity of the estate, the state where probate is filed, and whether disputes arise. Common expenses include court filing fees, attorney fees, executor fees, appraisal costs, creditor claims, and potential accounting or tax preparation fees. In Florida, there is a statute that establishes a guideline for attorney fees. In Ohio, some counties (including Stark County) have established fee schedules by local rule. Larger or contested estates can lead to higher costs due to extended court proceedings and litigation.
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Additionally, probate can result in delays and reduce the value of the estate passed to beneficiaries. Some estates may qualify for simplified probate procedures, which can reduce expenses. Proper estate planning, including the use of trusts and beneficiary designations, can help minimize probate costs. At Layman Law Group, we assist clients in navigating probate efficiently while exploring strategies to reduce expenses and preserve assets for heirs.
Cost of Probate
At Layman Law Group, our vision is to help families protect their assets and preserve their values for future generations. We understand that wealth transfer is more than just passing down financial assets—it’s about creating a lasting legacy that reflects your family’s priorities, principles, and long-term goals. Our approach ensures that your wealth is structured and transferred efficiently, minimizing tax burdens and legal complications while maximizing financial security. Whether through strategic estate planning, trusts, or charitable giving, we tailor solutions that align with your family’s unique needs.
By focusing on asset protection, tax-efficient transfers, and legacy preservation, we empower you to provide for loved ones while maintaining the values that define your success. We are committed to guiding you through every step of the wealth transfer process, ensuring your financial legacy is secure for generations to come.