15300 Pearl Road, Suite 130, Strongsville, Ohio 44136
PROBATE
Representing Clients in the Probate Administration Process
WHAT IS PROBATE?
The death of a family member or loved one is a challenging time made more difficult by the prospect of probating an estate. Family members often need assistance with the technical aspects of estate administration. At the Schindler Law Office, we assist Ohio residents probate estates regardless of whether a will exists. From small estates with only a few assets or bank accounts to large estates with more complex business interests and multi-state assets, we provide the results our clients need.
Probate is a legal proceeding that is supervised by the Probate Court in the decedent’s county of residence. The probate process typically takes anywhere from 6 to 18 months to complete. The probate process consists of the following steps:
- Filing of will with Probate Court
- Probate Court appoints an executor
- Executor notifies all beneficiaries named in the will
- Executor gathers and values the estate assets
- Executor pays creditors and estate administration expenses
- Executor files tax returns
- Executor files inventory and accounting reports with the Probate Court
- Executor distributes the remaining assets to the named beneficiaries
If you were named as the Executor in a will, my office can assist you with the legal requirements for distributing the deceased’s estate. We will appear in court if required, assist with the transfer and valuation of assets, open the estate checking account, locate beneficiaries, transfer assets from the deceased to the estate, file the will with the county Probate Court, prepare and file the Inventory and Fiduciary’s Account, assist with the resolution of creditor claims and the implementation of the decedent’s estate to ensure the property distribution of assets to the named beneficiaries.
The laws are complex, and professional legal advice in this area is important. My office is experienced in probate administration and can navigate this difficult process to ease the burden on the family and executor during this emotional time.
HOW CAN I AVOID PROBATE?
Probate can be avoided with proper estate planning. A person will not avoid probate by simply having a will. However, a will coupled with a revocable living trust would ensure that your estate will pass outside of probate. A living trust places your assets and property "in trust" which are then managed by a trustee for the benefit of your beneficiaries. It allows you to avoid probate entirely because the property and assets are already distributed to the trust.
