This is a good question and one that is confusing to many people. Does one have to have a probate lawyer here in Ohio if there wasn’t a will? The short answer to that is no. Ohio does not REQUIRE anyone to retain the services of a probate lawyer. It’s entirely up to you. That said, is it recommended? The answer is a resounding YES
Let’s break this down to make it easier to understand.
In Ohio, when an individual dies, for their probate assets to be distributed to their heirs, the probate process is always required – whether there is a legally executed will or not. If there is a will and the estate of the individual is relatively small, and perhaps there is one heir, such as a spouse or adult child, this process can be pretty straightforward. It’s always best to have the help of a probate attorney in Cincinnati to help ensure all the paperwork is filed correctly, but it can be done without an attorney’s help.
If the person dies without a will, which is called “intestate,” things can get complicated quickly. Especially if the estate is significant and or there are multiple heirs. Who gets what is usually the primary issue. Without a will, the State of Ohio will step in and make the decisions about asset distribution. If there is only one heir, things are pretty simple. If multiple heirs compete for assets or to serve as Administrator, it can quickly escalate into a very ugly situation. Not to mention that creditors will also be vying for a share of the pie. Having a probate attorney helping to navigate all this can be a huge help, saving you time and money. And good to know typically, the probate lawyer’s fees are paid by the estate.
This might be the time to mention that if you don’t have a will and you die, it doesn’t matter that you told your cousin, grandson, or relative they would inherit your vintage auto or speedboat, or house when you died. It doesn’t matter if you say it in front of other people. The probate court will simply disregard it if it isn’t legally documented. A scenario to which some might relate: imagine you have a grandson Johnny, who helped you restore your 1965 Corvair. You often told him the car would be his when you died. Sadly, over those same years, Johnny and his dad, your only child, have fallen out and haven’t spoken to one another in a long time. Since you didn’t have a legal will upon your death, the State of Ohio will distribute all your assets to your son to do with what he wishes. They don’t care what you verbally told Johnny. If Johnny and his dad had not been on the “outs” for so long, one might think your son would honor your wishes and give Johnny the car. But he is not legally bound to do that. Imagine Johnny comes to the house to collect the car, only to discover it is gone, sold to a collector by your adult son, his dad.
Well, that wasn’t what you intended, was it?
Back to the original question, is a probate lawyer needed if there is no will here in Ohio? I would always say yes to ensure the process is as smooth as possible. Without understanding the complexities of the probate process, things can be delayed weeks or even months if paperwork is not submitted correctly and in a timely fashion. Whether you are facing probate in the “there was a will” or “there wasn’t a will” situation here in Ohio, feel free to call me to discuss the situation. I would be honored to be of assistance. I can be reached at 513-399-7526 or visit my website at www.davidlefton.com