513-399-PLAN

(513-399-7526)

513-399-PLAN

(513-399-7526)

Probate And Trust Attorney Cincinnati Ohio

As an experienced estate planning attorney and partner in the law firm of Barron Peck Bennie & Schlemmer, a law firm serving greater Cincinnati, Ohio and Southwest Ohio, I can answer all your probate and trust administration questions. And, I can help you navigate the probate process. You might have questions such as …

What is probate?

What will my role as executor of a will or trustee of a trust be like?

I am the executor of a will or trustee of a trust … what do I have to do now?

Let me help.

Feel free to book a 15 Minute Intro Call with me to learn about my services and fees or schedule an in-person consultation.

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First, what is probate?

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.

The probate court and process can vary in complexity and difficulty. It usually depends on whether the individual had a will and/or a trust and the nature of the assets subject to probate administration.

The following focuses on the process when the deceased did have a will. Of course, these legal documents make the process much easier for beneficiaries but it can still be challenging for the appointed executor.

If that is your situation … please read on.

The following are some of the responsibilities you, as executor have:

Your primary responsibility is to reduce the level of stress for the heirs while protecting the assets and interests of those beneficiaries as the estate goes through probate. This is accomplished by ensuring all required court documents are in order and deadlines met.

You must submit to the court an inventory of all assets subject to probate (in other words, those items that did not pass outside of probate by operation of law, such as a trust, or otherwise) within a required time limit set by the court. Sometimes it can be difficult to meet the deadline if some property has to be valued or appraised. Note: if the inventory is filed late, the executor can be sanctioned and removed, which would slow the process down.

Settle the decedent’s debts and claims before any assets can be distributed.

In some instances, issue proper notices to creditors. Note: It is not always necessary to pay all the decedent’s outstanding bills immediately, in fact, that might not be a good idea at all. Speak with a probate attorney before paying outstanding bills.

Communication on an ongoing basis with beneficiaries. This is critical and required. For example, providing each with a notice via certified mail that the will has been admitted to probate, along with a copy of the will. And any information that might affect beneficiaries’ rights.

Care for, keep insurance in place, and maintain the estate property so the value doesn’t deteriorate during the probate process.

This can seem overwhelming, even when the deceased had all the legal instruments in place and probate can be more difficult if the decedent does not have a will. Asking for help from an experienced estate planning attorney like me is a smart move. Why try to go it alone when you don’t have to do so? I can help you avoid pitfalls and keep the process running smoothly so matters are settled quickly.

Feel free to book a 15 Minute Intro Call with me to learn about my services and fees or schedule an in-person consultation.

Probate and Trust Administration
Frequently Asked Questions

Do all estates have to go through probate in Ohio?
No. Whether probate is necessary depends largely on what assets the deceased person owned and how those assets were titled. Assets held in a trust, accounts with valid beneficiary designations, transfer-on-death property, and certain jointly owned assets may pass directly to beneficiaries without going through probate. If a person dies owning assets solely in his or her name without another method of transferring them, those assets generally become part of the probate estate.
How much does an estate have to be worth to go through probate in Ohio?
The size of an estate can affect which type of probate administration is required. In Ohio, an estate valued at $35,000 or less may qualify to be released from administration. That limit may increase to $100,000 when the surviving spouse is entitled to receive the entire estate. However, the value of the estate is not the only consideration. How the deceased person’s assets were titled and whether they have beneficiaries can also determine whether probate is necessary.
How long does probate take in Ohio?
The length of probate varies depending on the estate. A relatively straightforward estate may be completed within several months, while estates involving complicated assets, real estate, creditor issues, tax matters, or disputes among beneficiaries can take a year or longer. Ohio probate administration also involves specific deadlines for executors, including filing an inventory of probate assets and addressing valid creditor claims. The circumstances of each estate ultimately determine how quickly the process can be completed.
How long do you have to file probate after a death in Ohio?
Ohio does not impose one simple deadline that applies to every situation when opening a probate estate. However, there are important time limits that can affect beneficiaries and executors. For example, under Ohio law, a beneficiary who knows of the existence of a will for one year after the person’s death, has the power to control the will, and, without reasonable cause, intentionally withholds it or fails within that year to cause it to be offered for or admitted to probate may lose the property otherwise passing to that beneficiary. Because probate involves several different deadlines, it is wise to address the estate promptly after a loved one’s death.
What does an executor do during probate in Ohio?
An executor is responsible for administering the deceased person’s probate estate according to the will and Ohio law. Responsibilities may include identifying and protecting estate property, preparing an inventory of probate assets, addressing debts and creditor claims, keeping beneficiaries informed, maintaining property and insurance, filing required court documents, and ultimately distributing the remaining assets to the beneficiaries. The executor must also meet the deadlines established by Ohio law and the probate court.
What assets can avoid probate in Ohio?
Several types of assets may pass outside probate. These can include assets held in a properly established trust, retirement accounts and other accounts with valid beneficiary designations, property with a transfer-on-death designation, and certain jointly owned property with survivorship rights. Whether a particular asset must go through probate depends on how it was owned and what beneficiary or transfer arrangements were in place at the time of death.
What is the difference between an executor and a trustee?
An executor administers assets that are part of a deceased person’s probate estate and generally works through the probate court. A trustee manages assets held in a trust according to the terms of the trust document. Although both are fiduciary roles with responsibilities to others, trust administration generally occurs outside the formal probate process. Some estate plans name the same individual to serve as both executor and successor trustee, but the responsibilities associated with each role are different.
What does a trustee do after someone dies?
After the person who created a trust dies, a successor trustee generally takes responsibility for administering the trust according to its terms. Depending on the trust and its assets, this may include identifying and securing trust property, determining asset values, paying appropriate expenses and taxes, maintaining records, communicating with beneficiaries, and distributing trust assets as directed by the trust. In Ohio, trustees have fiduciary duties and must administer the trust in good faith and in the interests of its beneficiaries.
Do I need a probate attorney if I’m the executor of an estate?
Not always. Ohio law does not require every executor to hire an attorney, but probate administration can involve court filings, deadlines, creditor claims, asset inventories, tax issues, and distributions to beneficiaries. An experienced Ohio probate attorney can help an executor understand these responsibilities, comply with probate court requirements, and address complications that may arise during administration. Legal guidance can be especially helpful when an estate includes complex assets, real estate, disputes among beneficiaries, or questions about debts and creditor claims.
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