What steps are required to locate, inventory, and distribute estate assets and settle debts in Ohio?

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Detailed Answer

Ohio probate law requires a clear process. A personal representative must locate estate assets, inventory them, settle debts, and distribute the remaining property. Follow these steps under Ohio law:

  1. Open Probate and Appoint a Personal Representative: File the decedent’s will (if any) and an application for Letters of Authority with the probate court. Under Ohio Rev. Code § 2109.01, an interested party may apply. The court issues authority to the executor or administrator. ORC 2109.02.
  2. Identify and Secure Estate Assets: Locate bank accounts, real estate deeds, investment statements, and valuable personal property. Secure physical assets, change locks on real estate if needed, and notify institutions of your authority.
  3. Inventory and Appraisal: Within three months of appointment, file an inventory listing all assets and their values. Ohio Rev. Code § 2115.09 requires this inventory to protect beneficiaries and creditors. ORC 2115.09.
  4. Notice to Creditors and Claim Filing: Publish notice in a local newspaper and send direct notice to known creditors. Under Ohio Rev. Code § 2117.06, creditors have six months from publication to file claims against the estate. ORC 2117.06.
  5. Settle Debts and Expenses: Pay funeral costs, administrative expenses, taxes, and approved creditor claims in priority order. Ohio Rev. Code § 2117.06 ranks these claims, starting with funeral expenses and ending with general unsecured debts.
  6. Prepare and File Final Account: After debts and expenses settle, prepare a final accounting of all receipts and disbursements. File this account with the court and obtain approval. Ohio Rev. Code § 2113.24 governs final accounts. ORC 2113.24.
  7. Distribute Remaining Assets: Distribute residual property to beneficiaries under the will or to heirs under Ohio’s intestacy laws. Ohio Rev. Code § 2113.36 details personal property distribution. ORC 2113.36.
  8. Close the Estate: Once distribution and reporting finish, petition the court for discharge of the personal representative and closure of the estate. Ensure all court fees and filings are complete.

Disclaimer: This is not legal advice. Consult an attorney for guidance specific to your situation.

Helpful Hints

  • Gather original wills, deeds, and financial statements early.
  • Keep detailed records of all transactions and communications.
  • Use professional appraisers for real estate and unique assets.
  • Track creditor claim deadlines to avoid personal liability.
  • Consider hiring a probate attorney for complex estates or disputes.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.