Probate Law

If a loved one passes away, the estate may need to pass through the probate court in the county that they lived in. The probate process can be confusing. Wenning Law can help guide you and your family through this complicated process.

An estate is deemed to be a “testate” estate if there is a valid will. The will should state how the deceased wants the estate property disposed of. It should also name an executor or executrix and will usually allow him or her to serve without “probate bond” (a promise that the executor will follow the rules of the probate process).

If your loved one dies without a will or the family cannot find a will, you will need to open an “intestate” estate. In an intestate estate, your loved one’s property will be distributed according to Ohio law. This Ohio revised code section is titled “Statute of descent and distribution.” Some common scenarios are:

• If there is no surviving spouse, to the children or their descendants equally.
• If there is a surviving spouse and surviving children, and the surviving spouse and decedent are the kids’ biological parents, everything will go to the surviving spouse.
• If there are no children or lineal descendants, everything will go to the surviving spouse.

The person in charge of an intestate estate is called an Administrator. The Administrator will likely be required to obtain a probate bond. The bond usually costs $100 for every $20,000 in personal property. If the estate includes real property, the bond amount is usually twice the amount of the real property.

In some cases, the probate process can be simplified. Some common examples are:

• Real estate transfer only.
• Small Estates (Estates less than $35,000.00).