The death of a loved one is devastating, often taking an extreme emotional toll on those they leave behind. In addition, several things must be handled following their death. Funeral arrangements must be made, and those closest to the deceased may have to start settling their affairs, including initiating probate.
Help is available if your loved one recently passed and you are seeking information about the probate process in Dublin, OH. The knowledgeable probate attorneys at DuPont Law Group could work with you to ease your stress during this difficult time.
The Probate Process
Unfortunately, the probate process is typically slow. In Dublin, OH, even an uncontested, simple probate may take upwards of six months, with many taking about a year. Smaller estates may take less time, but several issues could still complicate the process. Factors that may make it harder to settle in probate include:
- Contested wills
- Outstanding debts or creditor claims
- Minor or special needs beneficiaries
- Tax issues
To start, a petition is filed by the estate executor to initiate the probate process. The executor is named in the decedent’s will. If the decedent had no will, a loved one may apply with the court to become the estate administrator. This must be done in the county where the decedent passed away and only after a death certificate has been received. A scheduled hearing date will be set, and the executor or administrator will be formally established.
Next, notice will be given to the estate’s beneficiaries, heirs, and creditors. An inventory of assets will be acquired, including the decedent’s:
- Bank accounts
- Retirement accounts
- Stocks
- Bonds
- Insurance policies
- Real estate
- Vehicles
If applicable, outstanding debts, such as property taxes, rent or mortgage payments, and credit card debts, will be paid. This step alone can take many months. Once all debt has been paid, the executor must ask the courts to close the probate. Only then will it be possible to distribute all remaining assets to intended beneficiaries.
Are There Assets That Do Not Need to Go Through Probate?
The death of a loved one can cause you and the rest of your family significant financial stress. To ease this burden, some assets do not require probate for distribution, including:
- Joint bank accounts
- Annuities, pensions, and life insurance
- Assets with a designated beneficiary
- Jointly owned real estate
- Retirement plans
These types of assets are considered shared, meaning the individual on the account with the deceased can be named the primary beneficiary.
How Can I Avoid the Probate Process in Ohio?
There is no easy way to avoid probate in Dublin, OH after a loved one passes. However, the process can be made easier with the creation of a trust before death. Revocable living trusts can be easily added to an estate plan and ensure that money or assets go to the right individuals when the testator dies. If all assets are listed and designated, they can bypass probate court completely, saving you and your family members a lot of added stress.
Learn More About the Dublin, OH Probate Process by Contacting Our Legal Team
The probate process in Dublin, OH can be long and drawn out, depending on the complexity of the decedent’s estate. However, our legal team could work with you to simplify the process as much as possible. Contact DuPont Law Group today at 614-389-9711 to learn more and begin working with an experienced probate attorney.
Curious about what documents you’ll need to get started? Download our Probate Checklist here.
Greg DuPont, JD, CFP®, is a well-respected estate attorney, financial advisor, public speaker, and published author. He centers his multiple businesses around education, guidance, and relationship-building. This comprehensive combination gives him, and his team, the opportunity to effectively serve both individuals and their families. He is a life-long resident of Central Ohio and spends the majority of his time with his wife, Julia, and daughter, Sophie.
