Probate in Ohio | OH Legal Resources | FastCounsel

What documentation is needed to freeze or secure a decedent’s bank accounts in Ohio when co-heirs refuse to cooperate?

Detailed Answer When someone dies in Ohio, their bank accounts become part of the probate estate. If co-heirs refuse to cooperate, you can ask the probate court to freeze or secure those accounts through a sequestration or temporary restraining order. Below are the key documents you will need: 1. Certified Death Certificate You must obtain […]

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How are real property and personal assets identified, inventoried, and distributed under intestacy law in Ohio?

Detailed Answer Under Ohio’s intestacy laws—found in Chapters 2105 and 2115 of the Ohio Revised Code—the probate court appoints an estate administrator when someone dies without a valid will. The administrator must identify, inventory, and distribute both real property (land and buildings) and personal assets (bank accounts, vehicles, household items). 1. Appointment of an Administrator […]

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What options exist to secure missing estate documents from uncooperative institutions in OH?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Understanding Your Rights Under Ohio Law When an institution refuses to release estate-related documents—such as death certificates, wills, deeds, or bank records—you can leverage Ohio’s probate and civil rules to compel cooperation. […]

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What Type of Deed Should Heirs Sign to Convey Their Interests in Property in Another Jurisdiction in Ohio, and How Is It Recorded?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should consult a qualified attorney before taking action. Detailed Answer When heirs inherit real estate and wish to transfer their interests in property located in a different county or jurisdiction within Ohio, they must use a deed that complies with […]

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How Can a Client Verify That Creditor Notice Requirements Were Satisfied in the Original Estate to Rely on the Two-Year Rule in Ohio?

Detailed Answer Under Ohio law, beneficiaries or personal representatives can rely on a two-year statute of limitations for creditor claims once the estate satisfies notice requirements. This rule appears in Ohio Rev. Code § 2117.06. To invoke the two-year bar, you must confirm that the probate court and known creditors received proper notice in the […]

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Should a Personal Representative Open an Estate Account to Handle the Money of the Estate in Ohio?

Disclaimer: This article is educational and does not constitute legal advice. Detailed Answer Yes. Under Ohio law, a personal representative must open a separate estate account to hold estate funds. A dedicated account prevents commingling, simplifies accounting, and protects the representative from personal liability. Ohio Revised Code Section 2113.21 requires a representative to deposit all […]

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What steps are needed to bring real property into the estate in order to pay claims of the estate? (OH)

Disclaimer: This article provides general information about Ohio probate law. It is not legal advice. Consult a licensed attorney for advice about your situation. Overview of Bringing Real Property Into an Ohio Estate When a decedent’s personal property cannot cover all valid claims, an executor or administrator may need to sell real property to satisfy […]

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Can I Seek Reimbursement from the Estate for Paying the Funeral Bill in Ohio?

Paying funeral expenses for a loved one can be a financial burden. If you covered the funeral bill, Ohio law provides a process to seek reimbursement from the estate. This article explains your options and steps under Ohio probate statutes. Detailed Answer Priority of Funeral Expenses in Ohio Probate Ohio Revised Code Section 2113.03 designates […]

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How Can the Administrator Verify That the Payment Fully Satisfied the Outstanding Vehicle Loan in Ohio?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a vehicle loan shows a zero balance, an administrator should confirm the lender removed its security interest and updated public records in Ohio. Follow these steps: 1. Obtain a Payoff Statement Request a written payoff statement or final […]

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How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim under Ohio law?

Disclaimer: This article is for educational purposes only and is not legal advice. Detailed Answer Under Ohio law, a surviving spouse may claim an allowance from the decedent’s estate under Ohio Revised Code §2106.13 (O.R.C. 2106.13). This allowance—designed to cover basic living expenses—takes priority over most other estate distributions. To qualify, you must prove you […]

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