(440) 530-9166Avon Probate Attorneys
Guiding Clients Through The Probate Process
When a loved one passes away, managing their estate can feel overwhelming. Then the word comes from a bank or other official that you cannot have your loved one’s assets because they must go through Probate. After you get over the initial aggravation and anxiety, you must now deal with the prospect of being appointed by the probate court to handle and close the affairs of your loved one, making all the decisions that need to be made. This is compounded by the reality of being pulled in different directions by various parties, including the funeral director, other family members, a mortgage company, and creditors – to name a few.
Navigating this process through the court system can be quite intimidating. The probate process often raises legal questions, timelines, and decisions about inheritance that must be made under tight deadlines. As experienced Avon probate attorneys, we at Hallett Legal Group are here to guide you through each step of probate law, protecting your rights and honoring your loved one’s final wishes.
Call 440-530-9166 to book a free consultation with our estate planning law firm.
Understanding Ohio Probate Laws
What is Probate?
Probate is simply the process by which a personal representative (executor or administrator) becomes authorized to transfer a deceased person’s assets to designated beneficiaries or legal heirs. Those beneficiaries are determined by the deceased through a Last Will and Testament or, if there is no Will and Testament, by Ohio’s law of descent and distribution. If you are simply a beneficiary, your role is significantly different. If your loved one’s last Will and Testament selected you to be an executor or if you have priority to be one, the information that follows is all the more important. Contact our Avon probate lawyers today to get the help you need to move forward.
What are Probate and Non-Probate Assets?
It is important to understand that not all assets are subject to Probate. Additionally, depending on the value of the assets, a full probate administration may not be necessary. Prior to beginning the probate process in court, it will be necessary to make an initial inventory of assets, determine the actual ownership of the assets, and estimate the value. By looking at the ownership of assets and whether a beneficiary designation exists, you will be able to decide if Probate is necessary. If the asset is owned in the deceased’s individual name, and there is no beneficiary designation, then it likely requires Probate. However, certain exceptions exist. For example, a surviving spouse can receive up to $65,000 in automobiles titled to the deceased spouse outside of the probate process.
Should I Seek the Help of a Probate Lawyer in Avon?
The short answer is… maybe. Being appointed to serve as the executor or administrator of a loved one’s estate is an important job with defined legal responsibilities. Most people will never have this responsibility, and as a result, very few people understand the various tasks required by the role. It is often a thankless job. The beneficiaries have an expectation of a monetary or property distribution but do not understand what steps the law requires to fully complete the administration of an estate.
In short, the probate process is not as quick or easy as everyone would like. The best-case scenario in a full administration is approximately six months. Often, the sale of assets makes the timeline longer, and if the assets are not easily located, the process can take longer. If you are the executor, you will also need to manage the payment of any debt claims or taxes owed by the deceased. If you are diligent, well-organized, and patient, you might be able to handle probate on your own. However, our experience is that most people greatly benefit from the assistance of a probate lawyer to help guide them through all the required tasks.
When enlisting the services of a probate lawyer to assist with executing a will, the attorney will help with more than simply explaining the will. Sometimes, assets can’t be located, and they will give you the tools you need to find them. They can locate family members who are beneficiaries of the will. Our experienced probate attorneys in Avon will also work with the executor to settle any claims against the estate.
What Should You Look Out For?
It must be clearly understood that when you are appointed by the probate court to be an executor or administrator, you are legally obligated to fulfill the directions of the deceased person, follow the law, and follow the court’s requirements. You stand in a fiduciary relationship with the beneficiaries. This is a high level of duty that requires you to act with integrity primarily for the benefit of the beneficiaries. You must know and determine which of your loved one’s bills must get paid and which bills you absolutely should not pay. The personal feelings and desires of the executor are not the guide to administering the estate.
Courts in Ohio have stated it this way:
Under R.C. 2109.01, an executor of an estate is a “fiduciary.” The fiduciary duties of an executor are primarily to collect the estate assets, pay debts, and make distributions. The executor also owes various duties to the beneficiaries of the estate, including keeping proper accounts, giving timely notice, preserving assets, avoiding the commingling of property, and basic duties of trust and loyalty. The executor serves as a representative of the entire estate and owes a duty to act in a manner that protects the beneficiaries’ interests.
Finally, be suspicious of anyone (professional or layperson) who advises you that Probate is not necessary. It is always best to seek the advice of an experienced probate attorney prior to making decisions.
Avoiding Conflict During Probate in Avon
Proper estate planning is one of the best ways to avoid conflict during Probate. When you create a will or trust, you are creating a roadmap your family can use to execute your final wishes. Families need time to mourn when they lose a loved one, and thorough estate planning can allow them to concentrate on their love for you rather than the legalities of your will. The last thing you want for your family is for them to end up in a dispute over a misunderstanding in your estate.
Can You Avoid Probate Altogether?
Probate court is often spoken about in derogatory terms. People who deal with probate courts often do so after the loss of a loved one. Probate is also a very public proceeding, making it difficult to maintain privacy.
Whether the decedent has a will or not, their beneficiaries will likely have to deal with Probate. Having a will makes probate administration a far easier task because the court will do its best to distribute the decedent’s assets according to their final wishes.
If the decedent doesn’t have a will, the court will force the assets to be distributed fairly by following the law of “intestate succession”, favoring children and spouses, and moving to the extended family if the decedent didn’t have any immediate relatives.
One of the few ways you can avoid Probate when planning ahead is to create a trust. Trusts allow you to deposit assets into them and assign someone to manage them. The distribution of the assets in the trust is outlined when the trust is created. A trust will remain private, even during the probate process. This is a great way to alleviate some of the stress on your family in the future.
Contact Our Probate Lawyers in Avon, OH Today
Every legal matter involving your family’s estate deserves clarity and care. At our firm, our probate attorneys in Avon, OH provide tailored legal solutions designed to help clients make important decisions with confidence. Whether you need assistance with probate, preparing estate planning documents, or navigating the legal process after the loss of a loved one, our team is here to provide the personal attention you expect.
We proudly serve families and businesses across Northeast Ohio, helping individuals create estate planning strategies that protect assets, honor final wishes, and reduce the stress of future litigation. Our estate planning attorneys can review your situation, explain the documents needed, and guide you through the options available, from wills and trusts to powers of attorney.
When you contact our office, you’ll find it a pleasure to work with a knowledgeable and compassionate attorney who is committed to protecting what matters most. We understand that every person and family has unique circumstances, and we work to efficiently deliver helpful guidance and lasting peace of mind.
Call our Avon probate attorneys at 440-530-9166 to schedule your free consultation, or visit our office and meet the team.