Understanding Probate and Why You Need It in Ohio
When a loved one passes away, dealing with their possessions and property can be overwhelming. You may have heard the term probate, but what exactly is it and why do we need it? Probate is the legal process of distributing a deceased person's assets and property as outlined in their will. In Ohio, probate may be necessary even if the person had a will, but why is this the case? This blog post will answer these questions and provide insight into the importance of probate in Ohio. 
Why do we even need probate when a property owner dies?
Probate provides a legal process for distributing a deceased person's assets and property according to their will or state law. Without probate, disputes may arise between family members and beneficiaries over who receives what assets, leading to potentially lengthy and expensive legal battles. Additionally, probate ensures that all debts, taxes, and other financial obligations of the deceased are settled before distributing assets to beneficiaries.
How do you know the will you record is the last will?
The process of determining the most recent will is known as will contestation. In Ohio, a will contest can only be filed by a person who has standing, meaning they are interested parties, such as beneficiaries or potential heirs. A will can be contested if it was created through fraud, undue influence, lack of testamentary capacity, or another legal issue. It's a good idea to work with an attorney experienced in probate law to ensure that the will is properly drafted and executed to avoid any potential issues later.
How do you know if the will is valid?
To be considered valid, a will must meet certain requirements set forth by Ohio law. The testator (the person creating the will) must be of sound mind and at least 18 years old. The will must be in writing, signed by the testator or in the presence of the testator, and witnessed by two people who are not beneficiaries. The signature of the testator must also be notarized. If any of these elements are missing, the will may be considered invalid.
How can an attorney help?
Probate can be a complex legal process, and having an experienced attorney on your side can be incredibly beneficial. An attorney can help ensure that the will is properly drafted and executed, guide you through the probate process, and help resolve any issues that may arise during probation. They can also help with estate planning to ensure the smooth transfer of assets in the future, and provide guidance on tax and financial implications of asset distribution.
Probate is an important legal process in Ohio to ensure that the assets and property of a deceased person are distributed properly and legally. While it may seem daunting, understanding the probate process and working with an experienced attorney can make it easier to navigate. If you need assistance with probate or estate planning, don't hesitate to reach out to a qualified professional for help.
