How to Initiate the Sale of Estate Property to Satisfy Creditor Claims in Ohio
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When someone dies in Ohio, the probate court oversees the decedent’s assets. If the estate lacks sufficient liquid funds to pay valid creditor claims, the court may authorize the sale of estate property. Ohio law sets out clear steps […]
Read article →What Options Exist in Ohio for Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions Among Heirs?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Ohio law, executors or administrators may sell or auction estate personal property to pay debts, reimburse estate expenses, and equalize distributions among heirs. The process typically follows these steps: Inventory and Appraisement. Within three months of appointment, the […]
Read article →What procedures ensure estate expenses and creditor claims are addressed before distributing assets to heirs in Ohio?
Detailed Answer When someone dies in Ohio, the personal representative (formerly called executor) must follow statutory procedures to address estate expenses and creditor claims before distributing assets to heirs. These steps ensure all valid debts and costs are paid, protecting both creditors and beneficiaries. Open Probate and Appoint Personal RepresentativeThe personal representative files the will […]
Read article →What information and documentation are required to verify all individuals with an interest in real property in Ohio?
Detailed Answer Under Ohio law, verifying every individual with an interest in real property requires collecting and reviewing specific records to confirm ownership, liens, spousal rights and other encumbrances. Title professionals and attorneys follow these steps to ensure clear title. 1. Title Search and Chain of Title Obtain the current recorded deed from the county […]
Read article →How is the fair market value of personal property calculated in a probate case in Ohio?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer In Ohio probate proceedings, the fiduciary (executor or administrator) must inventory and appraise all personal property at its fair market value as of the decedent’s date of death. Ohio […]
Read article →How to Determine Ownership When a Deed Lists a Deceased Parent in Ohio
Disclaimer: This is not legal advice. For guidance specific to your situation, consult a licensed attorney. Understanding Ownership When a Deed Lists Only Your Deceased Parent When a parent dies leaving real estate solely in their name, you must trace title transfers and settle the estate under Ohio law. Follow these steps to determine current […]
Read article →What Constitutes Due Diligence for Identifying and Notifying Unknown Heirs in Probate Administration in Ohio?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified probate attorney for guidance tailored to your situation. Detailed Answer In Ohio probate administration, a personal representative must perform a thorough, documented search before notifying the court that no additional heirs exist. Courts require evidence of “due diligence” […]
Read article →How can an administrator locate and verify potential heirs in Ohio when only limited information is available?
Detailed Answer When a person dies in Ohio without leaving a complete family tree, an estate administrator must locate and verify all potential heirs before distributing assets. Under Ohio law, heirs include spouses, children, parents, siblings and other blood relatives in a prescribed order (R.C. 2123.03). Here’s how an administrator can proceed with only limited […]
Read article →What notice requirements and procedures apply for notifying creditors, including medical debt collectors, in Ohio probate?
Notice Requirements and Procedures for Creditors in Ohio Probate Detailed Answer When you open a probate case in Ohio, you must notify all creditors, including medical debt collectors, under Ohio law. Ohio Revised Code (ORC) Chapter 2117 sets out the rules for creditor notice, claim deadlines, and the process to allow or reject claims. 1. […]
Read article →How can a potential heir be appointed as administrator when the decedent left no will in Ohio?
Detailed Answer When someone dies without a valid will in Ohio, the court calls this an intestate death. The probate court then appoints an administrator to manage the estate, gather assets, pay debts, and distribute the remainder under Ohio’s intestacy laws. 1. Priority for Appointment Ohio law lists who may serve first. Under Ohio Revised […]
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