Probate is simply the process of a person’s assets being distributed to heirs.
Generally opening an estate in probate court is not necessary when there is a surviving spouse. Since most marital assets are jointly owned the asset will transfer on death to the survivor. You won’t need probate to transfer all the assets but you may need to file survivorship affidavits with the county recorder or other financial institutions.
When it comes to the next generational level, the surviving spouse may want to pass their assets on to the children. The typical way to avoid probate, in this case, is to either create a trust or establish contractual obligations or jointly owned accounts. As far as bank accounts, they will have a payable on death or survivorship benefits. The same is true with real estate; if you add a child to the deed as a joint survivor deed or record a transfer on death deed, then probate would not be a factor.
What Do We Need To Do If The Estate Does End Up Going Through Probate In Ohio?
If an estate goes through probate, the process is fairly simple. The petition to open and estate is filed with the county probate court and within six months, you have to file an inventory of the estate. Then within another six months, you submit an accounting to show the court how all the assets were distributed and any creditors that were paid.
What Would Be The Common Reasons That Disputes Arise? How Do They Affect The Probate Process?
The most common reasons estate disputes arise is when a person contests a will. For example, the argument could be that the decedent was not of sound mind and body, so the will is not valid. Also, if there is a creditor that makes a claim on the estate and the claim is denied, as for any improper claim on estate assets, a dispute could arise.
Who Can Contest A Will Or The Estate?
To contest a will, you have to have standing, meaning you have to be a beneficiary, creditor, or someone who is entitled to make a claim on those assets.
What Is The Best Way To Avoid Probate Disputes And Litigation?
The best way to avoid probate disputes is to have a will prepared by an experienced attorney. A proper attorney will make sure all the language needed is included, as well as do a proper assessment of the competency of the author of the will. The easiest way to avoid litigation is to make sure that you prepare for it properly.
How Can An Ohio Probate Attorney Help Me?
A probate attorney’s job is to guide the executor in collecting all the assets of an estate and advise them on the proper means of resolving any disputes. They assist with the distributing of assets, to ensure a claim doesn’t come along later, causing you to be unable to move on with your family and your life.
For more information on Avoiding the Probate Process in Ohio, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.