The process of dealing with a loved one's estate after they pass away can be stressful and complicated. When someone dies and leaves behind property, certain assets of theirs may be subject to probate. These items may also go through the process whether there is a will or not. The following guide outlines what the term means and how the process works for those in Ohio.

What Does Probate Mean?

Probate is a legal proceeding that gathers certain kinds of property the deceased person owns and distributes it according to the terms of their will or Ohio state law. Carrying out the process ensures taxes, claims, and expenses are paid, and heirs and beneficiaries receive what remains.

What Does the Process Involve?

The process takes place in the probate court of the county of the decedent's residence. If the individual left behind a will, the holder of the original must present it for probate. Wills typically name an executor who carries out these responsibilities.

If there was no will written, someone must ask the probate court to appoint an administrator to perform the tasks necessary. An individual, a bank, or a trust company can serve as executor or administrator.

How Can You Avoid Probate?

Certain property is not subject to probate because the assets pass directly to the named beneficiary, successor-in-interest, or surviving owner. These assets include insurance policy proceeds or retirement benefits, property held in a trust, and property the deceased owns where someone else is named as a joint tenant with right of survivorship. Other items that pass without probate are assets that transfer to a named beneficiary, such as payable on death (POD) or transfer on death (TOD) financial accounts.

Ohio probate law provides for a streamlined probate process with fewer administrative requirements if the total value of property solely in the decedent's name totals $35,000 or less. If the decedent’s spouse is entitled to receive all assets in the estate, the streamlined process limit goes up to $100,000.

Turn to the attorneys at Rutherford Law Office in Chillicothe, OH, if you need help understanding and navigating probate. This firm was founded in 1998 and serves residents in Ross, Pike, and the surrounding counties. Their attorneys are dedicated to providing individualized and compassionate representation to each client. Their team will work directly with you to ensure you get the utmost care and receive the best possible outcome. Visit them online for more information, and call (740) 775-7434 to schedule a consultation.