Probate‌ ‌is‌ ‌Complicated

Probate can be complicated, and mistakes can be costly. The estate pays attorney costs, not the executor personally. Hiring a qualified probate attorney should be step one in the probate process.

You agreed many years ago to be the executor for a relative’s estate when they pass away. Now the time is here for you to perform your obligations. What is the first thing you must do? How do you find out who are the beneficiaries of the estate? What if there are outstanding debts – should you pay the debts yourself and then get paid by the estate later? How much time do you have to open – and close – probate?

There are so many decisions that must be made when someone passes away. And the executor is ultimately responsible for making most of these decisions. But unless you have been an executor before, in the state where the decedent lived, there are rules, requirements, forms, and processes that must be followed to settle probate completely. Errors can be costly and time-consuming.

You know you need an attorney but don’t know if you can afford to hire someone.

Getting Help

In Ohio, the probate laws require the estate to pay attorney fees, not the executor. If the estate is complicated, has multiple properties, or could be contested, hiring an experienced probate attorney should be the first action you take as an executor.

A qualified attorney knows how to navigate the complicated legal process of settling an estate in probate. They will know what to do, and when, and will work with you if any complications arise. The complicated probate process can be much easier and less stressful if you have an attorney work with you from the beginning.


Richard P. Arthur, Attorney at Law, has years of experience helping Dayton and Trotwood clients work through the probate process, resolving debts, and retaining the estate’s value along the way. To learn more about how his experience can be put to work in your specific situation, call 937-254-3738 to schedule a free consultation.