I am sometimes asked if a probate attorney is really necessary or if an individual might handle everything without the benefit of legal help or advice. In this “DIY’ age the question makes sense; people are watching videos on how to fix their furnaces or build a deck. So of course, the answer is “Yes, you can do it yourself … but do you really want to do so?” First, what is probate and why would you need (or not) a probate attorney in Cincinnati?
What is a Probate Attorney & The Process?
A probate attorney in Cincinnati would describe it as follows: Probate is the legal process that takes place in the court system after someone dies under which all debts, taxes, and other financial affairs of people who die are lawfully resolved, and assets left, after debts are paid, are distributed to the persons entitled to receive them. An executor of an estate files a petition within the probate court to kick off the process (usually through the probate attorney). All beneficiaries and heirs related to the will have to be notified and have the chance to contest it if they so desire. The appointed executor is legally in control of assets like property etc. and it is on that person to pay any outstanding debts and taxes due from the estate. Then, the remaining assets are distributed according to the deceased wishes contained in the will (assuming there is a will.)
Hire or Represent yourself?
Here in Ohio, you do not HAVE to hire a probate attorney – you can try to DIY so, if you are an executor, there is a will and you are considering NOT using the services of a probate attorney you need to be prepared to:
- Be pretty frustrated with the process as it can be long and confusing.
- Be confounded by complex paperwork that can easily be completed incorrectly … causing more delays and confusion.
- Follow the timelines required … not doing so can cause lots of problems later
- Spend a lot of time … a LOT of time … trying to navigate your way through the probate process.
So the short answer is yes, you can DIY the probate system and not hire a probate attorney in Cincinnati, OH. But I wouldn’t recommend it. Probate attorneys understand and know how to navigate the process, saving you a lot of time, headaches, and possibly money by the time it is all concluded.
Final Thoughts
For more information about estate planning in general or how I can help you as a probate attorney here in Cincinnati please view my law services or call me directly to schedule a consultation at 513-399-7526.