Opening Probate in Ohio

By: Elliott Stapleton 

When is Probate necessary in Ohio?

If a decedent owned assets in their name at the time of death, without designated beneficiaries or a Trust, Probate is required. If Probate is necessary, the total process will range between six and twelve months.

The following video provides a four-minute overview of the process of Probate administration:

Can a Will avoid Probate in Ohio?

Only using a Will ensures assets go through Probate. There is a common misunderstanding that a Will avoids Probate.

The following is a summary of which assets must go through Probate and which assets avoid Probate:

Probate will vs. trust

How do you open Probate?

Each court has its own set of local rules which, if not followed, can result in a delay in settling the estate. In addition, if the executor does not follow the proper legal procedure there may be personal liability for the debts of the decedent. For questions on common Probate terms, we have prepared a summary of important definitions.

It is best for the individual opening Probate to hire an attorney familiar with the Probate process. Working with an attorney familiar with the Probate process in Ohio will save you time and limit your risk of personal liability.

Before the meeting, it is best to have a list of all known assets and liabilities. You are welcome to use the following excel spreadsheet format to use as your starting point to organize assets.

Working with Elliott Stapleton on your Probate matter

Elliott is a partner with Cornetet, Meyer, Rush & Stapleton. He works with families and small business owners avoid unnecessary risk, protect what they earn, and plan for the future.

AVVOAs an Ohio attorney, Elliott works with clients on Probate Administration in Hamilton County, Butler County, Warren County, and Clermont County.

For clients who live outside of Ohio, Elliott and his team help with both legal and practical matters related to Probate.

Since joining the firm in 2007, Elliott’s legal services have included Probate Administration, Trust Administration, Will (Last Will and Testament), Trust, Living Will, and Durable Power of Attorney. For more information, contact Elliott to schedule an initial consultation.


Other Estate Planning, Trust and Probate Topics: