Probate is the process of determining who owns a deceased person’s assets and property and allocating that property to the proper heirs at law by either what is stated in the deceased party’s will or, if there is no will, according to the State of Ohio’s statute regarding descent. Richard P. Arthur, Attorney at Law, has seen it all in his 29 years of practice in the Ohio courts and understands the complications that can arise when a family is working through the difficult process of distributing a loved one’s estate.
The deceased person’s assets and property must be valued and accounted for to pay off any remaining debts to creditors and other costs before the remainder is distributed to their beneficiaries. Attorney Richard P. Arthur can help you and your family gather all of these documents and position them in a way where the probate can have as little of an impact as possible during this difficult time.
There are certain cases where an estate could go through an expedited probate process. In Ohio, the probate court may allow a Summary Release or a Relief from Administration to expedite the probate process. To qualify, a person should sit down with a qualified attorney such as Richard P. Arthur to discuss whether such an estate is possible.
For example, a “summary release from administration requirements” (no probate) can occur if the estate’s value is less than $5,000 or funeral expenses amount to $5,000 or less. Additionally, probate can be bypassed if the estate is worth less than $45,000, and the surviving spouse takes control of all assets.
If the estate is of significant value, it is vital to hire a qualified attorney who can help separate assets that would need to go through probate from those which would not.