When someone dies, the family often hears right away that the estate “has to go through probate.” Few people know what that actually involves, how long it takes, or whether it applies to their situation at all. Probate is less mysterious than its reputation suggests, and in some cases a simplified procedure or no probate filing is needed. Here is a plain-English overview of how the process generally works in Ohio.
What probate is
Probate is the court-supervised process for settling a deceased person’s affairs. A representative is appointed, assets are gathered and valued, valid debts are addressed, and what remains passes to the people entitled to it. In Ohio, this takes place in the probate division of the court of common pleas, usually in the county where the person lived.
If there is a valid will, the person named in it typically serves as the executor. If there is no will, the court appoints an administrator, and Ohio’s intestacy statute, R.C. 2105.06, determines who inherits. Either way, the representative is a fiduciary who owes legal duties to the estate and answers to the court.
What does and does not go through probate
A common misconception is that having a will avoids probate. It does not. A will is the set of instructions the probate court carries out. Whether probate is needed depends mostly on how each asset is titled and whether it names a beneficiary.
Assets that usually pass outside probate
- Accounts and real estate held jointly with survivorship rights
- Life insurance and retirement accounts with a living named beneficiary
- Bank and investment accounts with payable-on-death or transfer-on-death designations
- Real estate covered by a recorded transfer on death designation affidavit
- Assets held in a properly funded trust
Assets that usually require probate
- Real estate titled in the deceased person’s name alone, with no survivorship or transfer on death arrangement
- Individually owned accounts and investments with no beneficiary
- Vehicles and personal property that do not qualify for a separate transfer procedure
- Assets whose named beneficiary has already died, with no backup, or that name the estate as beneficiary
The main steps in a full administration
Every estate is different, but a full administration generally follows this path:
- Opening the estate. The will, if there is one, is filed with the court along with an application to appoint the representative. The court issues letters of authority, the document banks and others will ask to see. The court may require a bond.
- Giving notice. Surviving spouses, heirs and beneficiaries are entitled to notice of what is happening.
- Filing an inventory. Under R.C. 2115.02, the inventory of estate assets is due within three months after the representative’s appointment, unless the court extends the time for good reason.
- Handling creditor claims. The representative reviews claims, then pays or rejects them under the statutory rules.
- Accounting and distribution. The representative reports to the court on what came in and went out, distributes what remains, and asks to close the estate.
Deadlines worth knowing
Several Ohio deadlines shape how an estate moves:
- Creditor claims: six months from death. R.C. 2117.06 generally requires claims to be presented within six months after the date of death, even if no representative has been appointed in that time. A few exceptions exist.
- Will contests: generally three months. Under R.C. 2107.76, a person challenging a will generally must file within three months after the certificate of notice of the will’s admission to probate is filed. The timing differs for someone under a legal disability.
- Accounts. Under R.C. 2109.301, a representative generally must file a final and distributive account within six months after appointment. That timing does not apply in certain situations, such as a pending will contest, a spouse’s election against the will, an insolvent estate, or a civil action involving the fiduciary. In those cases, an account is generally due within 13 months after appointment and at least yearly after that until the estate closes.
Because of these rules, even a smooth estate often stays open for six months or more, and one with disputes, real estate problems or tax questions can take considerably longer.
Simplified options for smaller estates
Ohio offers shorter procedures for some smaller estates. Eligibility depends on the value of the assets that would pass through probate, not everything the person owned, and on who is inheriting.
Release from administration (R.C. 2113.03)
This procedure may be available when probate assets are no more than $35,000, or no more than $100,000 when the surviving spouse is entitled to the entire estate. The court requires all probate assets to be reported, gives interested parties notice, and looks at whether creditors would be prejudiced.
Summary release from administration (R.C. 2113.031)
This narrower option may help in two situations. A surviving spouse entitled to the full $40,000 allowance for support under R.C. 2106.13 may qualify if the assets do not exceed that allowance plus up to $5,000 for funeral and burial expenses, and those expenses have been prepaid, paid, or are owed by the spouse in writing. Someone other than a spouse who has paid or agreed in writing to pay the funeral bill may qualify if the assets do not exceed the lesser of $5,000 or those expenses.
Probate courts publish their own forms and local requirements, so it is worth checking with the court in the county where the estate will be opened.
Mistakes that cause trouble
- Distributing assets too early. Paying heirs before debts and claims are sorted out can create problems for the representative.
- Mixing money. Estate funds belong in a separate estate account, not a personal one.
- Assuming a joint account is simple. Whether an account truly passes by survivorship depends on how it was set up.
- Selling real estate without authority. Title companies and buyers will need to see that the representative has authority to sell and that any court requirements are met.
- Overlooking outdated beneficiary forms. Beneficiary designations generally control how those assets pass, even when the will says something different.
Planning ahead to reduce probate
Probate is not always something to fear, and court supervision can be useful when a family is in conflict or an estate is complicated. Still, many people prefer to limit it for privacy, speed or cost. Common tools include beneficiary designations, transfer on death arrangements and revocable trusts. Each has trade-offs and needs to fit with the rest of the plan. Our overview of estate planning basics for Ohio families explains how these documents work together.
Getting started
If you have recently lost a family member, start by locating the original will, collecting recent account statements and deeds, and listing known debts. Note how each asset is titled and whether it names a beneficiary. Hold off on selling property, paying debts out of your own funds, or distributing anything until you understand your authority and the estate’s obligations. If you are planning ahead, review your titles and beneficiary forms to see what would pass through probate as things stand today.
Vincent Esquire helps Ohio families plan ahead and work through estate questions. Learn more about our estate planning services or reach out to talk through your situation.
This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every situation is different, so consult an attorney about your specific circumstances. Attorney advertising.
