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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.