What Probate Means in Estate Issues
We here at Donnellon, Donnellon & Miller are Cincinnati probate lawyers, and we often field the question of probate as it relates to estate issues.
When a person passes away and has a Will in place – this person is referred to as the decedent – there are usually bills that need to be paid, regarding the medical care at the end of life, the burial expenses and funeral costs, and more. Probate creates a limited window of time for claims to be filed. Probate opens, and anyone who has a claim against the estate can file it, be it a debt or an unpaid bill or anything of the sort. At this point, the estate is “in probate.”
The probate period comes to an end. Claims may no longer be made after this period. In most cases, the probate period ends six months after the opening of the estate.
Having this period be a limited and manageable amount of time is for the benefit of all involved. The family can rest easier knowing that probate has passed, and the estate can be settled without any threat of a claim being made against it.
The Executor, or the person managing the Will, carries out the wishes of the decedent. Cincinnati probate lawyers such as ourselves often assist with the writing of the Will, to help the decedent clarify his or her wishes. This involves not only certain property being bequeathed to certain people or relatives, but the way in which such property is passed. Children, grandchildren, and other relatives may have accounts released according to a particular schedule to avoid tax burdens, or to make the accounts last for a reasonable amount of time.
When the Will is in probate, there are certain advantages. For one, most Wills contain a provision which will relieve the estate of the burden of paying for a bond. Also, the title and ownership rights of all property can transfer through the process.
To speak with one of the Cincinnati probate attorneys at Donnellon, Donnellon & Miller, please fill out our contact form, or call our Montgomery Ohio office at 513-891-7087. We would be more than happy to assist you with any of your will or probate needs.