What Probate Means in Estate Planning

The topic of probate can seem confusing to many people. Some families fear going to probate court upon a loved one’s death. The legal team at Donnellon, Donnellon & Miller includes experienced Cincinnati probate lawyers. They often field the question of probate as it relates to estate issues.

Probate Explained

When a decedent—the person who passed away—has a Will in place, they might also leave behind unpaid bills. There might also be costs for medical care at the end of life, funeral and burial, and more.

Probate provides a window—usually six months—of opportunity for any person, organization, or company to file a claim against the estate for payment of a debt or an unpaid bill. During this period, the estate is “in probate.”

Having a Will in probate offers certain advantages. For instance, this process allows property titles and ownership rights to transfer easily. Also, most Wills contain a provision that will relieve the estate of the burden of paying for a bond.

Once probate has ended, no one may make a claim against the estate. Limiting the probate period benefits all involved parties. On the one hand, six months is a reasonable amount of time to collect on a debt. On the other hand, the family knows they do not have to wait years to settle the estate without worrying about any additional, unexpected threat of a claim against it.

The Role of the Executor in Probate

A qualified Cincinnati probate lawyer can assist with the writing of the Will and help the decedent clarify their wishes, including who will assume the role of executor. The Executor—the person delegated to manage a Will—is the person who ensures that all the decedent’s final wishes are carried out. Probate attorneys can also advise an executor on how to perform their duties according to the Will, especially when handling claims made against the estate.

An executor ensures the property is bequeathed to specific individuals precisely as the Will indicates. Also, an attorney should be able to point out certain disbursement arrangements stipulated in a Will, such as allowing accounts to last a reasonable amount of time or helping heirs avoid excessive tax burdens.

Cincinnati Probate Lawyers Can Help With Estate Issues

A Cincinnati probate attorney at Donnellon, Donnellon & Miller can help you make sense of probate laws and understand the complex duties of an executor. To schedule an appointment, fill out our contact form online or call our Montgomery, Ohio office at 513-891-7087. A qualified probate lawyer can handle your Will or probate needs and answer all your questions.