How can a client obtain appointment as administrator when a higher-priority heir exists 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 Ohio probate courts appoint an estate administrator according to the priority list in Ohio Revised Code §2113.06 (Ohio Rev. Code §2113.06). The usual order is: Surviving spouse Children Parents […]
Read article →What is the process and timeline for applying to become a personal representative of an estate in Ohio?
Detailed Answer: Applying to Become a Personal Representative in Ohio To serve as a personal representative (formerly known as an administrator), you must meet eligibility requirements under Ohio law and follow a specific probate court process. Below is an overview of key steps, statutory references, and typical timelines. 1. Eligibility Requirements Age and Capacity: You […]
Read article →How can a guardian or guardian ad litem be appointed to manage a minor’s interest in an estate under Ohio law?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer In Ohio, the probate court oversees the protection of a minor’s financial interest in an estate. When a minor inherits property or funds, the court may appoint either a guardian of the estate or a guardian ad litem (GAL) to […]
Read article →What Steps Protect a Minor’s Inheritance When the Decedent Did Not Leave a Will? Ohio
Disclaimer: This article provides general information about Ohio law and does not constitute legal advice. Consult a qualified probate attorney for guidance specific to your situation. Detailed Answer When someone in Ohio dies without a valid will (intestate) and leaves behind a minor beneficiary, Ohio’s intestacy laws determine who inherits and how the minor’s share […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in Ohio?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for personalized guidance. Detailed Answer When an individual dies in Ohio without a will (intestate) or with a valid will naming an administrator, the probate court appoints an estate administrator to collect assets, pay debts, and distribute […]
Read article →Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in Ohio?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. Under Ohio law, a personal representative (also called an executor or administrator) may receive statutory commissions on the value of estate assets and on money paid out of the […]
Read article →What steps are required to locate, inventory, and distribute estate assets and settle debts in Ohio?
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. […]
Read article →How do intestacy rules apply if no valid will is found in Ohio?
Detailed Answer When someone dies without a valid will (intestate) in Ohio, the probate court applies Ohio’s intestacy statutes (Ch. 2105, Ohio Revised Code) to decide who inherits. These rules create a strict hierarchy of relatives entitled to the estate. 1. Surviving Spouse (ORC 2105.07) No descendants or parents: Spouse inherits the entire estate. All […]
Read article →Which court or county office handles estate administration and unclaimed property claims in OH?
Detailed Answer In Ohio, estate administration falls under the jurisdiction of the Probate Court in the county where the decedent resided or owned property. Ohio law establishes a Probate Court in each of the state’s 88 counties. These courts handle wills, intestate estates, guardianships, and conservatorships. You can find the statutory basis for Ohio probate […]
Read article →What Steps Are Required to Open an Estate Proceeding When No Probate Case Exists in Ohio (OH)?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When a person dies in Ohio without an existing probate case, you must open a new estate proceeding in the probate court of the county where the decedent resided. You complete the process by following these steps: Step 1: […]
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