A probate estate is a legal proceeding provided for by Ohio law to determine the assets of a deceased person who was an Ohio resident at the time of death, the value of those assets, and the distribution of those assets to the persons entitled to them by law.

F. S. 733.101 Venue of Probate Proceedings: The venue of Probate of all Wills and granting of Letters shall be in the county in this state where the decedent had his domicile.

One approach to avoid probate is through use of a living trust that holds legal title to some or all of your property at the time of your death. The trust is a legal entity, which survives you after your death.

Many people are of the mistaken impression that if they have a Will, their Estate will not need to go through probate. This is not correct. The Will does not avoid probate; the Will merely provides the probate court direction on your wishes as far as how the Estate should be probated. This is accomplished by setting forth matters such as designation of a Personal Representative, beneficiaries, distribution and the appointment of a guardian for minors.

A probate estate is necessary to protect and conserve the assets of a decedent for the heirs, creditors, and other persons interested in an estate. The probate estate will provide for the payment of outstanding debts, the payment of taxes, and the distribution of the remaining assets to the persons entitled to receive them under the decedent's will, or by law.

In the case of a deceased individual, probate is the process prescribed by law by which a court oversees the administration of the deceased person’s assets. Probate is designed for the protection of the creditors of the deceased, the heirs of the deceased, and the beneficiaries of any will left by the deceased.

Probate fees vary according to the value of the estate. Please refer to the fee schedule for assistance in calculating the fees.

In most cases, the person requesting appointment as personal representative (executor or administrator) hires an experienced probate lawyer to prepare and file a Petition for Probate. In some cases, the person requesting appointment will handle the probate without hiring a lawyer, as discussed above.

No, having a will does not avoid probate. A will is a legal document that, in general, states what the person who creates the will, usually called the testator, would like to happen after death to his or her property. A will can include a nomination of the person who will be the personal representative (formerly called executor) of the estate and who is to be named guardian and conservator for the care of any minor children.

Yes, if the total assets left by a decedent in his name alone consist of personal property and do not exceed $20,000. The decedent may own survivorship real estate or other survivor-ship assets exceeding $20,000 in value and still qualify for this simple procedure.

While the law does not require the participation of an attorney, the probate laws are very technical, and failure to fully abide by such laws can result in catastrophic consequences. By accepting the position of "executor" or "administrator" of an estate, that individual is acting as a "fiduciary" to the heirs and creditors of the estate, meaning that he owes them the highest duty of care and fair dealing.

Yes we can. Go to the Title Transfer section to see definitions of common terms encountered when handling oil and gas royalties held in estates.

Arizona probate may be required to legally transfer title to an asset from the decedent to the people or entities legally entitled to inherit the asset. One of the most common reasons a probate is necessary is to transfer the title of Arizona real estate.

Yes. In certain circumstances, an Arizona probate may not be required to obtain property or change title to the decedent's property.

Generally, one should seek a lawyer’s advice with respect to any matter that has to be in court.  Only the simplest estate will not need some advice and representation by a lawyer. Estates of less than $50,000 can be handled with very little paperwork and no court involvement.  Any estate of more than $50,000 or where there are contentious relatives probably needs a lawyer’s assistance.  This doesn’t mean that the lawyer has to do everything.

The estate would only have to be probated if the personal estate exceeded $50,000 and maybe if there was real estate owned by your deceased relative.  Sometimes one can avoid probating an estate with real estate in it by posting a bond with the title insurance company instead of opening a probate estate, but this still leaves open the question of debts of the decedentd, which can be collected from the assets of an estate for as long as two years after death.

If your estate is relative small or uncomplicated and your will is well drafted, your spouse or other executor may not need a lawyer to help with the probate process. As things get more complicated, the need for a lawyer becomes greater. Most lawyers charge by the hour, so the more complex the probate process, the larger the fee.

There are many living trust programs or "kits" are available in today's marketplace. Many of these are perfectly fine documents, assuming that your situation and desires fit the cookie cutter langue on the forms. However, if your situation is unique, or does not fit the language of the kit trust, your estate plan may not accomplish your goals. Additionally, trusts and estate panning involves complex legal concepts that lawyers spend years to fully grasp.