“Probate” is the legal process through which a deceased person’s assets (such as bank accounts, vehicles, real property, and investments) are transferred to others. County Probate Courts oversee this process. When a person makes a Will, it controls how his or her assets will be transferred. If a person dies without a Will, the probate law in Ohio will control how the assets will be divided. If there are no living family members, the assets go to the state.

The Probate Court appoints an executor or administrator for each estate, and that person is responsible for managing the estate. The executor or administrator will determine what assets the deceased person owned, pay any bills the person owes, and then distribute the remaining assets. These are called “probate assets.” Certain kinds of assets do not have to go through probate. Any asset that goes directly to another person following someone’s death without having to go through the probate process is called a “non-probate asset.”

You want to limit or avoid probate because:

1. It can take a long time to administer even simple estates,
2. It can take money from your savings and other assets – money that would otherwise go directly to your family.

It is also worrying for your family—the very people you have always worked so hard to protect and preserve from worry. By investing some time and money to set up these automatic transfers, spouses, parents and grandparents can help their family members avoid or limit probate after they pass away.

As mentioned above, some of your assets will not have to go through the probate process if you take steps now to make sure that they will transfer directly to another person when you die. For example, you can:

1. Make sure that your home or other real estate transfers to another person by preparing a particular kind of deed;
2. Put most or all of your assets in a “living trust,” which allows you to use and enjoy the assets during your life, but transfers them to your loved ones after your death; and
3. Ensure that your retirement and other investment income will automatically be paid to your spouse, children, or charity.

But it is not enough to simply leave a letter or even a Will saying you want these things to happen. You will need to adhere to the legal processes that Ohio law establishes in order for these transfers to occur automatically. My office can help you make sure you do it according to the law.

The probate court in the county where the deceased was a resident at the time of death has jurisdiction.

Even when the gross value of the estate (probate assets and certain non-probate assets) is small, the probate process can take a long time. During that time, the family of the deceased person must wait for the distribution of the person’s assets, even though life goes on and bills pile up. The process itself can also be costly. The executor or administrator is entitled to a percentage of the estate’s assets for the work he or she does and there will also be attorney fees paid from the estate. That is money that will not go to the person’s family members. There are nine basic steps to probating an estate:

1. Filing of an application for authority to administer the estate, admit the will to probate, if one exists, and notification of probate;
2. Appointment of fiduciary;
3. Gathering assets and obtaining appraisals as required;
4. Filing an inventory and schedule of assets;
5. Selling assets to convert to cash;
6. Paying creditors;
7. Filing estate and income tax returns and paying taxes, if any (as of January 1, 2013, Ohio no longer has an estate tax);
8. Distributing remaining assets to beneficiaries;
9. Filing accounts; and
10. Closing the estate.

It can take months or years to complete these steps depending on the case.   If the gross value of the estate is small enough, Ohio law allows you to file a summary release from administration or to apply to relieve the estate from administration to expedite the process.

Before we can collect attorney fees from the estate or beneficiary, the probate court must approve it. Some counties allow attorneys to charge attorney fees based on a percentage of the value of the probate and non-probate properties, but the Franklin County Probate Court prefers that attorneys charge an hourly rate and provide an itemization of the time spent on the case as proof that the fee is reasonable. We follow the Franklin County model and charge an hourly fee.

Depending on the case, the probate court requires an initial deposit of $113-$250 to cover court costs as the case proceeds. Any unused portion of the deposit will be returned to the estate. We offer affordable rates that range from $150-$250 per hour depending on the task. We guarantee you our most affordable rate and charge in six-minute increments so you don’t pay for a full hour if we complete an assignment in less time.    These fees are not paid by the executor, administrator, or beneficiaries, they are paid from the estate’s assets at the conclusion of the case unless the court approves an earlier payment.

We will spend some time talking about what you have and what you want to do with it. Once we have had that conversation, I can tell you what steps would help you prepare for your family. I can also tell you what it will cost to make those preparations. Think of me as a personal trainer for your estate: my job is to help you reach the estate goals you set for yourself.

If you’re ready to discuss an estate plan or your relative has passed away, call my office at (614) 610-4545. When we schedule the first appointment, my office will tell you what you need to bring to our first meeting to get started.