Four Minute Overview of the Probate Process in Ohio

my name is Elliot Stapleton I'm an

attorney with cornet at Meijer rush and

Stapleton and today I'm going to give

you some information about probate

administration so probate is the

transfer of assets after your life and

that transfer occurs through probate if

you use a will to distribute your assets

or if there is no will at all so after

death assets go into probate court in

the administration process overall range

is between 6 and 12 months the cost of

administration typically ranges between

3 and 5 percent of the total assets so

that includes compensating an attorney

court costs filing fees and the things

related to a potentially year-long court

proceeding and all of the asset

information in probate is generally

public so the information relates to

transfer is available online in most

counties eventually the assets do get

distributed to beneficiaries if there is

a will and if there's no will to the

heirs at law some assets have avoid the

probate process and those include

distribution by trusts beneficiary

designation or if there's a joint owner

with survivorship those assets upon

death avoid probate and go directly to

the people listed as beneficiaries now

the one caveat here is if the

beneficiaries listed are all deceased

unfortunately the assets still go into

probate it would be transferred through

that process so the

astray ssin when you avoid probate takes

a matter of weeks cost range from zero

to one percent and the asset information

is all private so you can see it's ideal

to avoid probate let's look more at the

probate process if assets end up in

probate court

so the first step is what I call pre

probate this usually takes maybe 30 days

to prepare the initial documents but may

last six months and that will depend on

a number of variables that you would

evaluate with the attorney helping with

helping you administer the probate

estate once probate is open you would

gather information on all of the assets

and the debts involved eventually there

would be an inventory of those assets

and evaluation of what is included in

probate versus what may not be included

in probate after that inventory is

complete assets can be distributed based

on the will for if there's no will based

on Ohio law and as I mentioned before

this process in total ranges between six

and twelve months so it's a lot of work

to administer probate and it's very

important whenever dealing with a

probate estate matter to have a good

legal counsel advising you through this

process to make sure you don't forget

things like filing income taxes or

distribute assets inconsistent with the

will because as the person administering

the estate if you make those mistakes

unfortunately you become personally

liable for claims based on your actions

so as you can see it's very important to

have legal counsel throughout the

probate process thank you