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Understanding the Probate Process in Westerville

When a person passes away, whether they have a will or not, their estate must undergo probate. This legal process involves verifying the will’s validity and settling the decedent’s estate.
Beneficiaries cannot take possession of their inheritance until probate is complete. The duration of this process varies, and for larger estates, beneficiaries might have to wait several months or even over a year.

Probate can be a complex process, but legal help is available. Our Westerville, Ohio, probate and estate administration attorney can help you administer the estate. We are also available if you believe the administrator or executor isn’t acting in the estate’s best interest. Contact us today to discuss your case.

What Assets Don’t Go Through Probate?

Only some assets have to go through the probate process. Non-probate assets include:
  • Assets inside of a revocable or irrevocable trust
  • Jointly owned assets
  • Assets with designated beneficiaries
  • Transfer-on-death assets

Types of Probate in Westerville

Westerville, Ohio, offers three primary types of probate proceedings. The first is simplified probate, applicable when an estate is valued at less than $50,000. This option also applies if the estate is under $100,000 and solely inherited by a spouse.
The next option is a summary release from administration, which is available for estates valued at less than $5,000. This type also qualifies if the estate’s value matches or is less than the funeral costs.

If an estate does not qualify for simplified probate or summary release, it will proceed through formal probate. This process is more intricate and may involve legal disputes.

Our Westerville estate administration and probate lawyer can protect your estate’s interests during the process.

Responsibilities of an Executor or Administrator

When drafting a will, you can designate an executor to manage your estate. If no executor is named, the probate court will appoint an administrator, often the surviving spouse if possible. The executor or administrator’s first task is to validate the will. They will then inventory the estate’s assets and arrange for their appraisal.

Afterward, the executor or administrator is responsible for settling any taxes and debts. Once these obligations are met, they will proceed to distribute the remaining property to the beneficiaries.

While some administrators and executors choose to handle probate themselves, many find that hiring a trust administration and probate lawyer makes the process much easier. From legal challenges to record-keeping, our Westerville probate administration attorney can assist with every aspect of probate.

What If There Are Challenges to the Will?

Probate can bring about will challenges, requiring the intervention of a skilled probate and estate administration attorney.

Anyone with legal standing may contest a will with valid reasons. Therefore, our Westerville probate lawyer offers guidance whether you are defending or disputing a will.

 

We support executors in court and assist in challenging wills when necessary. Contact us today to discuss your options.

Does Probate Take a Long Time?

Probate typically takes approximately nine months. However, the process can be complicated by the estate size and any legal factors that arise.

Our Westerville probate and estate administration attorney simplifies the process by managing probate court guidelines, legal challenges to the will, and creditor interactions.

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Frequently Asked Questions

Probate and estate administration is the legal process of managing a deceased person’s estate, including distributing assets, paying debts, and handling any related court proceedings. An experienced probate attorney from Jarvis Law Office can guide you through this complex process, ensuring all legal requirements are met, assets are properly distributed, and potential disputes are minimized.
Our Westerville estate planning attorney can assist you in creating a comprehensive estate plan, including wills, trusts, and other legal documents. By working with us to establish a clear plan, you can potentially reduce the complexity of probate, protect your assets, and ensure your final wishes are carried out. We can also help with succession planning and advise on strategies to minimize estate tax burdens.
If disputes arise during probate, such as will contests or fiduciary duty claims, Jarvis Law Office’s probate lawyer can provide skilled litigation counsel. We represent executors, beneficiaries, and other interested parties in probate court, working to resolve conflicts efficiently while protecting our clients’ interests. Our probate law attorney has extensive experience in handling complex probate litigation matters.
Our Westerville probate attorney offers comprehensive support to executors and administrators, helping them understand and fulfill their fiduciary duties. We guide them through the entire probate process, from filing initial court documents to distributing assets and closing the estate. Our team can assist with inventorying assets, paying debts and taxes, and navigating complicated legal and financial matters.
Yes, our probate and estate administration lawyer is experienced in handling various special circumstances. We can assist with wrongful death claims, ensuring proper distribution of any settlements or awards. For estates involving minor children, we help establish guardianships and trusts to protect their interests. Our Westerville team also has experience in elder abuse cases and can advise on reforming wills if necessary. We offer a free consultation to discuss your specific situation and how we can help.

Please note that the information provided here is general in nature and should not be considered legal advice. It is recommended to consult with an attorney from Jarvis Law Office to obtain personalized advice based on your specific circumstances.

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