Probate / Estate Administration

Ohio Probate Administration is a legal process that takes place after an individual dies to transfer their assets to their beneficiaries or heirs. Under Ohio law, the probate process is overseen by the probate court in the county where the individual resided at the time of their death.

The probate process under Ohio law can be divided into several steps, including:

1. Filing the Will and Opening the Estate

The first step in Ohio estate administration is to file the deceased individual's will with the probate court. If the individual died without a will, the court will appoint an administrator to oversee the probate process. Once the will is filed, the court will officially open the estate.

2. Appointing an Executor or Administrator

The next step in the Ohio probate process is to appoint an executor or administrator to manage the estate. If the individual had a will, the court will appoint the person named in the will as the executor. If the individual died without a will, the court will appoint an administrator and may require that bond be posted. The executor or administrator is responsible for managing the estate, paying off debts, and distributing assets to beneficiaries or heirs.

3. Identifying and Valuing Assets

The executor or administrator must identify and value all assets of the estate, including real estate, bank accounts, investments, and personal property. The value of each estate asset on the date of death must be reported to the court in the inventory.

4. Paying Debts and Taxes

Before assets can be distributed to beneficiaries or heirs, the executor or administrator must pay off any debts owed by the deceased individual, including taxes, medical bills, and funeral expenses. These debts must be submitted to the executor or administrator as a claim against the estate.

5. Distributing Assets

Once all debts and taxes have been paid, the executor or administrator can distribute assets to beneficiaries or heirs according to the terms of the will or Ohio intestacy laws if there is no will. The executor or administrator must obtain court approval before distributing assets.

6. Closing the Estate

After all assets have been distributed, the executor or administrator must file a final account with the court and obtain court approval to close the estate.

The Ohio probate process can take several months to a year or longer, depending on the complexity of the estate and any legal challenges that may arise. Legal fees and court costs can also add up, which is why some individuals choose to avoid probate by creating a trust or other estate planning tools.

In conclusion, the Ohio probate process is a legal process that takes place after an individual dies to transfer their assets to their beneficiaries or heirs. The process involves several steps, including filing the will, appointing an executor or administrator, identifying and valuing assets, paying debts and taxes, distributing assets, and closing the estate. Working with an experienced attorney can help individuals navigate the probate process and ensure that their wishes are carried out in a timely and efficient manner.

Trust administration is the process of managing a trust after the creator of the trust (the grantor) has passed away or becomes incapacitated. In an Ohio trust administration, trustees are responsible for administering trusts according to the terms of the trust agreement and Ohio law. They are also held to high fiduciary standards to ensure they act in the best interest of the trust and its beneficiaries.

The fiduciary requirements of a trustee in Ohio include:

1. Duty of Loyalty

Trustees must act in the best interest of the trust and its beneficiaries at all times. This includes avoiding conflicts of interest and self-dealing. Trustees must also keep trust assets separate from their personal assets.

2. Duty of Care

Trustees must manage trust assets with reasonable care, skill, and caution. This includes creating an investment plan that aligns with the goals of the trust and regularly monitoring and reviewing investments.

3. Duty to Account

Trustees must keep accurate records of all trust transactions, including income and expenses. They must also provide regular accountings to the beneficiaries and the court, if required.

4. Duty of Impartiality

Trustees must treat all beneficiaries fairly and impartially. This includes making distributions in accordance with the terms of the trust agreement and considering the needs of all beneficiaries.

5. Duty to Protect Trust Assets

Trustees must take steps to protect trust assets from loss or damage. This includes obtaining insurance and keeping assets secure.

6. Duty to Communicate

Trustees must communicate with beneficiaries and keep them informed about the administration of the trust. This includes responding to inquiries, providing accountings, and updating beneficiaries about any significant changes.

In addition to these fiduciary requirements, Ohio law also requires trustees to adhere to the terms of the trust agreement. This includes making distributions to beneficiaries as outlined in the agreement and following any specific instructions regarding the management of the trust.

Trust administration in Ohio can be complex and time-consuming, particularly for larger or more complicated trusts. Trustees may benefit from working with an experienced attorney or financial professional to help them navigate their fiduciary duties and ensure they are meeting all legal requirements.

In conclusion, trust administration in Ohio is a critical process that involves managing trust assets and making distributions to beneficiaries. Trustees are held to high fiduciary standards and must adhere to the terms of the trust agreement and Ohio law. By fulfilling their duties with care and diligence, trustees can ensure that the trust is managed in the best interest of the beneficiaries and in accordance with the grantor's wishes.