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.

Yes, the Public Administrator maintains all funds in insured interest bearing accounts except when they are needed to pay claims and other expenses.

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.

A Probate Court administration is the legal process through which the court sees that, when you become incapacitated or die, your debts are paid and your assets are properly handled or distributed according to your Last Will and Testament or under state law if you do not have a Last Will and Testament. A Probate Court Administration can be expensive, and if you own property in other states, your family could face multiple probates, each one according to the laws in that state.

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.

For testate and intestate estate which is considered common estate, the application must be made at the High Court nearest to the address of the deceased. If the deceased has left behind a will or last testament, only the High Court has the jurisdiction to issue the probate. If the deceased did not leave behind any will or last testament, the application for the Letter of Administration without a will must be made.

From the first appointment with the Surrogate, through the final accounting and distribution of the estate to the beneficiaries, I offer compassionate attention to the bereaved family while providing efficient and timely service, working hand-in-hand with executors and trustees. Because I encourage executors to perform as many of the tasks of administration as they are comfortable handling, the cost of administration can be reduced.

The estate administration tax is calculated on the total value of the deceased's estate wherever situated, that is sworn/affirmed to on the application for a certificate of appointment of estate trustee under "Value of Assets of Estate". The formula for calculating the amount of the tax is set out in the Estate Administration Tax Act, 1998 as follows:

The estate administration tax has replaced probate fees since December 1998. The tax must be paid when the personal representative files an application for a certificate of appointment of estate trustee with the Superior Court of Justice. There are no other court fees payable for filing the application. Cheques for paying the estate administration tax are made payable to the Minister of Finance.

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.

application for "probate" (now called a certificate of appointment of estate trustee with a will) or "administration" (now called a certificate of appointment of estate trustee without a will) is filed at the Superior Court of Justice located in the county or district where the deceased had his or her permanent residence.