Ohio Probate Resources & Law | Inheritance Advances in OH
The Process for Probate in Ohio
When someone passes away, the probate process begins. How does probate work in Ohio? The probate courts oversee the distribution of the individual’s belongings. To do this, they will appoint a representative to be in charge of the estate.
The representative collects and itemizes assets and money to ensure all remaining debt is paid off. They will also check the validity of the person’s will. After the courts are satisfied and all steps in the probate process are complete, they will start the distribution of inheritance money and assets to heirs.
Is Probate Required in Ohio?
While many estates go through probate, it’s not always a requirement. Certain assets never go through probate, such as:
- Assets in a trust
- Assets that have a beneficiary designation
- Real estate that is subject to the Ohio transfer-on-death deed
- Assets in a survivorship tenancy
- Money from an insurance policy that can be paid to the beneficiary
While probate is required for other assets or large estates, smaller estates may not need probate at all. If an estate is valued for less than $5,000 — or the expenses for the funeral — the probate process is not required in Ohio.
What Happens If Someone Passes Away Without a Will in Ohio?
Some people pass away without a will — often called dying intestate. Ohio has intestate laws that will help determine who gets the belongings and assets of the person who died without the will.
This process is called intestate succession. In Ohio, the order of distribution will depend on your family situation. Generally, surviving spouses are the first to inherit the estate. However, if there isn’t a surviving spouse, the inheritance would go to children and other heirs, as dictated by Ohio law.
Do Spouses Automatically Get All Assets in the Probate Process in Ohio?
Spouses do not automatically get every asset of the person who died. In Ohio, if the person who passed owned property with someone else in joint tenancy, that other owner will get the property instead of the person’s surviving spouse.
In most cases, the other property owner is a spouse, so the property is likely to go to them. If for some reason, the asset is co-owned by somebody else, the spouse does not inherit the property automatically.
Delays To Your Inheritance In Ohio
The probate process in any state, including Ohio, is lengthy. While the inheritance is in probate, heirs are unable to access the money and assets their loved one left for them.
The probate process in many states takes at least a year and a half to finally get to the distribution of money. Since most heirs have never been in this position before, they are shocked by how long it will take to receive their inheritance.
Many are understandably frustrated that their inheritance can be blocked for years by a legal process.
Access Your Inheritance In Ohio Immediately
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