Navigating Probate Problems

The loss of a loved one is hard.

If you are named as the executor of the estate or are a loved one chosen when no executor is named, you have the responsibility of completing the probate process. Completing the necessary steps set by Ohio law typically takes between six months and one year. Even in the best circumstances, it can be a confusing and emotional time.

What is Probate?

Probate is a legal process for proving a Will is valid and for transferring assets to beneficiaries. While it can be a fairly simple process if estate planning has taken place, problems can arise, and probate lawyers are here to help you navigate them.

Possible Problems

• Estate disputes: Most estate disagreements happen over the accuracy in determining the total value of money, property, and assets listed in the Will. The total value is important because the Internal Revenue Service has established rules and monetary thresholds for when estate taxes are owed.

• A contested Will: Sometimes more than one Will is discovered. When this happens, the most recent Will is declared the valid one and used in probate. However, a Will contest can be filed in court based on a belief that the recent Will was fraudulently written or written under the influence of others or medications.

• Creditor claims: There are laws that regulate debt claims, but that does not stop all creditors from making false ones. Under Ohio law, creditors have six months to make a claim against an estate. All claims must be evaluated, and judges can intervene to determine their legitimacy. Additionally, laws list a specific order in which debts are to be paid and what assets can be used for payment. Families are not bound to pay outstanding debts once all available assets have been liquidated.

• Discovery of unprocessed estates: On occasion, when probate is started for one individual, unexecuted estates may surface. Most often it is for a deceased spouse, partner, or parent of the most recently deceased and they did not begin or fully complete the probate process. Ohio law dictates that a probate case be opened for each unprocessed estate discovered.

• An unwilling executor: Wills name an executor, the person responsible for distribution of the Will as well as completing probate. For any number of reasons, the executor could be unwilling or unable to fulfill the role. If this happens, Ohio law states that the court will appoint a new executor.

Probate Specialists Can Help

Hiring a probate attorney can help you navigate these and any other problems as well as represent the executor, an heir, or any interested party during the probate process.