First, Ohio law does not require anyone to hire a probate lawyer to help navigate the probate process. That said, in my opinion, it is not a process you should DIY. Let’s start with “what is probate?”
Since I am a probate lawyer in Cincinnati, Ohio I have provided a simple definition of probate on my website. It reads … “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.” So let’s assume someone close to you has just died and you are the executor of that individual’s will … do you hire a probate lawyer or not? Good question!
Experienced probate lawyers in Cincinnati, Ohio know the process, inside and out. They understand what the probate court expects and how to provide the proper documentation to meet deadlines, prevent delays, avoid penalties, etc. The last thing a responsible executor wants is to have the process drag on longer than necessary – especially if beneficiaries are in need of their inheritance.
Let’s just review a few of the key tasks required of an executor to successfully navigate probate. I think it will be helpful so you understand why hiring a probate lawyer is a good idea. The executor is responsible for the following:
- Providing an inventory of all assets subject to probate to the court within the required time limit. (If the information is filed late, the executor could be sanctioned and removed. But what happens if some assets need to be appraised and that might delay things? A probate lawyer can help.)
- Settling the decedent’s debts and claims prior to distribution of assets. (This doesn’t sound tricky but sometimes it isn’t necessary to get all the bills paid immediately. Sometimes it’s not even a good idea to do so. A probate lawyer can advise on this one.)
- Keep all beneficiaries in the communication loop and up-to-date regarding anything that might affect their rights. (A probate lawyer may strongly recommend you make use of certified mail to communicate updates so there is paper-trail “proof” that you’ve fulfilled your communication obligation – which is required by the court.)
Last, here is a piece of information that I’ve discovered over the years that many people don’t know … IN MOST CASES THE PROBATE LAWYER’S FEES ARE PAID BY THE ESTATE. So if you are considering “DIY probate experience” to save yourself money, know that you, as the executor, are not responsible for the cost, the estate is.
I hope the information about the executor’s responsibilities regarding probate has helped to clarify the key benefits of using the services of a probate lawyer in Cincinnati, Ohio. And, why this shouldn’t be a DIY event. At minimum using a probate lawyer will definitely help save time and reduce your stress as an executor. Please go to my website page about probate https://davidlefton.com/services/probate-and-trust-administration/ to learn more. And feel free to reach out to me at 513-721-1350 if you’d like to schedule a consultation.