Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
In Ohio, a personal representative (also called an executor or administrator) must keep heirs informed and perform key duties under the Ohio Revised Code. Below is an overview of the primary obligations and required disclosures:
1. Notice of Appointment
Within 30 days after qualification, the personal representative should send written notice of appointment to all heirs and beneficiaries. This notice typically includes:
- The representative’s name and contact information
- The probate case number and court
- Instructions for filing creditor claims and deadlines
2. Inventory of Estate Assets
Under Ohio Revised Code ORC 2109.29, the personal representative must file a detailed inventory of all probate assets within three months of appointment. The representative must also serve a copy of this inventory on each heir and beneficiary.
3. Appraisement of Property
Within six months, the personal representative must file an appraisement of estate property (see ORC 2109.30). This document establishes the fair market value of each asset as of the date of death.
4. Interim and Final Accountings
The personal representative must prepare and file accountings showing all estate receipts, distributions, fees, and expenses (see ORC 2109.33). Key points:
- Accountings are usually filed annually or at significant milestones.
- Heirs and beneficiaries receive notice of the time and place for hearing on the account (ORC 2109.44).
5. Notice of Final Distribution
Before closing the estate, the personal representative must notify heirs of the proposed final distribution plan. This gives heirs an opportunity to object before the probate court approves the final settlement.
6. Ongoing Duty to Inform
Even outside strict statutory deadlines, the personal representative owes a duty of loyalty and transparency. That includes:
- Responding to reasonable inquiries from heirs
- Providing copies of relevant documents (e.g., tax returns, bills paid)
- Updating heirs on significant developments, such as property sales or creditor claims
7. Additional Responsibilities
- Preserve and safeguard estate assets (e.g., maintain insurance, pay mortgages)
- Settle valid creditor claims within statutory timeframes
- Prepare and file federal and state tax returns for the decedent’s final year and the estate
Helpful Hints
- Keep organized records of all communications, transactions, and filings.
- Use tracked mail or certified delivery when sending official notices.
- Review the Ohio Revised Code sections cited above to understand deadlines.
- Consider hiring a probate attorney or accountant for complex estates.
- Notify heirs promptly of any changes to the administration schedule.