What documentation is required to apply for letters of administration in Ohio?
Detailed Answer When a person dies without a will in Ohio, you must obtain letters of administration to manage and distribute the estate. You begin by filing a petition in the probate court of the county where the decedent lived. Under Ohio Rev. Code §2113.03, the petition must state the decedent’s full name, last residence, […]
Read article →How to Determine if a Probate Estate Has Been Opened for a Decedent in Ohio
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Ohio, a probate estate is opened in the probate division of the county court where the decedent resided at death. To determine if a probate estate exists for a particular decedent, follow these steps: Identify the CountyLocate the […]
Read article →What information is needed to request estate files from a county probate division? (OH)
Detailed Answer In Ohio, estate case files in the probate division are generally public records under the Ohio Public Records Act (Ohio Revised Code § 149.43) and the rules governing probate court records (Ohio Revised Code § 2109.51). To request copies of estate files (often called “docket entries” or “case papers”) from a county probate […]
Read article →How Can Service of Process Be Handled for Minors or Individuals Under Guardianship in Ohio?
Detailed Answer Service of process involves delivering a summons and complaint to a defendant in a lawsuit. Ohio’s rules address special procedures when the defendant is a minor or an individual under guardianship. These rules ensure the defendant receives proper notice and legal rights remain protected. Ohio Revised Code § 2127.06 – Minors and Incompetent […]
Read article →What steps are needed to include real property into the estate successfully? Ohio
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Ohio attorney for advice specific to your situation. Detailed Answer Under Ohio law, transferring a decedent’s real property into the probate estate involves several key steps. Completing each step correctly ensures clear title transfer to heirs or beneficiaries. […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Ohio
How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records 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, you can use a court-ordered subpoena to compel the production of estate records […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds in Ohio?
Detailed Answer In Ohio, when a decedent’s real estate sells under probate, the personal representative or administrator must first obtain court approval (ORC 2109.47). After closing, the fiduciary holds the net sale proceeds in the estate account. Before disbursing those funds, Ohio law and local probate rules typically require the following signed documents from each […]
Read article →How to distinguish assets belonging to a deceased person’s estate from those held by a corporation established by a relative in Ohio
Detailed Answer In Ohio, a deceased person’s estate and a separate corporation each own assets under different legal principles. Identifying which assets belong to the estate and which remain with the corporation helps ensure the proper administration of probate and protects corporate liability shields. 1. Understand the Separate Legal Entities Estate: Upon death, a probate […]
Read article →What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs? Detailed Answer When an Ohio estate lacks sufficient cash to cover debts, taxes, and administration costs or when heirs receive unequal property, the personal representative (executor or administrator) may liquidate personal assets. Ohio law provides clear authority […]
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