Probate and Estate Administration

Probate and Estate Administration Attorneys Mentor, OH

probate law

Knowledgeable Probate Attorneys with Experience Handling Complex Cases

The aftermath of losing a loved one can be undeniably overwhelming. While processing their first waves of grief, surviving loved ones are often confronted with any number of practical, financial, and legal challenges that have manifested as a result of their loss.

One of these notable challenges – probate – affects virtually all estate cases in Ohio. The administration of a deceased individual’s estate, which generally occurs as part of the probate process, can be a truly complex, time-intensive, and draining undertaking as well. Working with a client-focused attorney can help loved ones to manage these challenges as efficiently and effectively as possible under the circumstances.

Understanding the complexities of Ohio’s probate process requires both legal knowledge and compassionate support. At our law firm, we understand that each family’s situation is unique, and we tailor our services to meet the specific needs of each client. Whether you are dealing with a simple estate or complex disputes among family members, having experienced lawyers on your side can help you achieve a favorable outcome and minimize stress during a difficult time.

  • Jon went above and beyond for me. My legal issues were very frustrating and I could tell Jon and his team legitimately cared and showed compassion to me. I would definitely recommend Jon Axelrod as your attorney any day.

    Salarys


Read More Testimonials from our Clients!

Probate

After a resident of Ohio passes away, their estate is generally subjected to the probate process. Probate helps to ensure that the validity of the deceased individual’s will is valid, that their debts are paid, and that their remaining assets are distributed in accordance with their wishes. If someone dies without a will in place, the probate process generally requires that the intestate laws of Ohio must be applied to an individual’s estate.

The probate process is notorious for being emotionally charged, complex, and potentially contentious. Anyone who has a significant interest in the outcome of an individual’s probate process may benefit from speaking with an attorney if they believe that their own interests and/or the interests of the deceased are not being appropriately addressed.

The Probate Timeline in Ohio

Understanding the timeline of probate proceedings in Ohio can help families plan for the future. The probate process can take anywhere from six months to two years, depending on the complexity of the estate and any disputes that may arise. The process begins with the filing of a will (if one exists) with the local probate court, followed by the appointment of an executor or administrator to manage the estate. During this time, several legal requirements must be fulfilled, such as notifying creditors, inventorying assets, paying outstanding debts and taxes, and distributing remaining assets to beneficiaries according to the will.

During this time, the probate court ensures that all procedures are followed correctly and the rights of all parties are protected. For smaller estates, Ohio offers a simplified process called “release from administration” that can significantly reduce time and costs. Our attorneys can help determine if your loved one’s estate is eligible for this process and guide you through it.

Common Probate Challenges We Handle

Our firm has extensive experience dealing with various challenges that can arise during the probate process. These challenges include will contests, where parties dispute the validity of a will based on allegations of undue influence, lack of capacity or improper execution. We also assist with cases involving missing or ambiguous assets, disputes between beneficiaries over property distribution and situations where a deceased person owns property in more than one state requiring additional probate proceedings.

In addition, we assist clients in navigating the tax implications associated with estate management, including federal estate taxes and Ohio estate tax considerations. Our team carefully identifies opportunities for tax savings and ensures that all tax obligations are fulfilled, protecting the estate and its beneficiaries from potential penalties or legal issues in the future.

  • Jon Axelrod has represented us on multiple occasions since 2009. He has always gone above and beyond our expectations of a lawyer. He made sure that he gave us more than enough time and attention to make sure we were at ease. Without his help it would have been difficult to make it through some very trying times.

    Robert

Estate Administration

The individual who is empowered with the authority to manage the probate process on behalf of an estate is generally referred to as a personal representative or an estate administrator. Navigating the process of serving in this role is rarely easy or straightforward. Thankfully, it is wholly appropriate for a personal representative to seek legal assistance as they execute their duties.

If you are serving as an estate administrator on behalf of a loved one or colleague, you do not need to muddle through the complexities of accessing and settling accounts, navigating disputes between beneficiaries, and distributing property on your own. Especially because you could potentially be held personally liable for certain mistakes made during the probate process, it may benefit you to reach out to our firm for personalized guidance as you move forward in this consequential role.

Fiduciary Duties and Responsibilities

Serving as an estate administrator involves significant legal responsibilities and fiduciary duties. As a fiduciary, it is your legal obligation to act in the best interests of the estate and its beneficiaries. You must manage assets prudently and make decisions that preserve and protect the value of the estate. This includes keeping detailed records of all transactions, regularly communicating with beneficiaries, avoiding conflicts of interest, and ensuring that the assets are not mixed with your personal property.

Failure to properly perform these duties could result in personal liability. This means you could be financially responsible for any losses to the estate caused by negligence, mismanagement, or breach of fiduciary duty. Our attorneys provide comprehensive guidance for personal representatives, helping them understand their obligations and avoid common mistakes that could lead to legal liability. We assist with everything from opening bank accounts for the estate to filing court documents and preparing final accounts for court approval.

Asset Identification and Valuation

One of the first crucial steps in estate administration is identifying and valuing all assets owned by a deceased person. This process can be more complex than it seems at first glance, especially when dealing with different types of assets, such as real estate, businesses, retirement accounts, investment portfolios, personal property, and digital assets. Each type of asset may require a different method of valuation and may be subject to specific rules for distribution.

Our firm assists personal representatives in conducting thorough asset searches and obtaining professional appraisals, when necessary. We ensure that all property is properly accounted for and valued, and we help administrators navigate the complexities of transferring different types of assets, from re-titling real estate to distributing retirement accounts in a tax-efficient manner. Proper asset identification and valuation are essential not only for fair distribution, but also for meeting court requirements and fulfilling tax obligations.

Learn More About Wills and Power of Attorney

Connect with one of our Reputable Lake County, Ohio Probate Lawyers for Free to Better Understand Your Options

If you have recently lost a loved one and you have questions about the probate process and/or the estate administration process, know that you do not need to rely on contradictory search engine results for answers. You can schedule a risk-free, confidential case evaluation with a knowledgeable Mentor, OH probate lawyer at Axelrod & Hellier Law Office at any time.

Our firm offers free legal consultations because we believe that all surviving loved ones deserve to understand their rights and options under the law. You can reach our dedicated team by calling us at (440) 944-7300 or submitting a contact form on our firm’s website. We look forward to speaking with you.

Common Probate and Estate Administration FAQs

What is probate and when is it required in Ohio?

Probate is the court-supervised legal process of validating a will, paying the deceased’s debts, and distributing their remaining assets. In Ohio, probate is generally required for any estate where the deceased owned assets solely in their name without a designated beneficiary or joint owner.

What are the main duties of an estate administrator or executor?

The administrator (if there’s no will) or executor (named in a will) is responsible for locating assets, paying valid debts and taxes, managing estate property, and ultimately distributing inheritance to the rightful beneficiaries according to the will or state law, all while navigating court requirements.

How long does the probate process typically take in Lake County?

The timeline varies based on the estate’s complexity, but a typical, uncontested probate case can take approximately 6 to 12 months. Factors like estate disputes, creditor claims, or tax issues can extend this timeframe significantly.

Can probate be avoided?

Yes, probate can often be avoided or minimized through proactive estate planning tools like living trusts, joint ownership of assets, or payable-on-death designations. Our attorneys can review an estate plan to help streamline the administration process for your heirs.

What happens if someone dies without a will in Ohio?

This is called dying “intestate.” Ohio law provides a default formula for distributing the deceased person’s assets to their closest relatives (spouse, children, etc.). The court will appoint an administrator to manage the estate, and the process can be more rigid and potentially contentious.

When should I contact a probate attorney?

You should contact an attorney if you’ve been named an executor, if a loved one has died with or without a will, or if you’re a beneficiary with concerns about the process. Early guidance can help you fulfill your duties correctly, avoid personal liability, and navigate disputes efficiently.

Related Articles