Probate & Trust Administration
We are Dedicated to Understanding Your Unique Circumstances
If a person passes away without an estate plan, with only a will based estate plan, or an unfunded trust, it will be necessary for the estate to be administered through the probate court. The probate process in Ohio can be lengthy, complicated, and expensive. Our firm has handled in excess of 1,000 estates and we have the expertise to help you navigate the probate process as efficiently as possible.
The Role of the Executor
A person who is named in a will as an executor, has a fiduciary duty to carry out the following:
- Filing the will with the probate court and petitioning to be appointed the executor
- Notifying all next of kin and beneficiaries named in the will
- Completing inventory and appraisal of probate assets
- Paying valid claims against the estate
- Selling estate assets, if necessary
- Filing income and other required tax returns
- Distributing the remainder of the estate to the beneficiaries
Since an executor has fiduciary duties, the executor must carry-out his duties according to law and can be held personally liable for any mistakes or conduct.
The Role of the Administrator
- If the decedent has no will, usually a family member or friend must petition the court to be named the administrator of the estate.
- The administrator will have many of the same duties as set forth above for the executor. However, the Ohio statute of descent and distribution will determine who the beneficiaries of the estate are.
As probate administration can be complicated, it is important to have proper legal representation.
Trust Administration
If a person passes with their assets titled in the name of a living trust, a probate administration will not be necessary. Not only does a trust avoid probate and the associated expense, a trust can also protect young children as beneficiaries. Further, trust can also provide privacy and protection from creditors and the public after death.
The Ohio Trust Code provides specific duties the trustee must fulfill. Our attorneys and staff are experienced at guiding our clients through the trust administration procedure.
Call (513) 931-2200 for a consultation today!