Kroener Hale Law Firm
contact Menu
Call 513-716-5940We are here to listen, learn & help

TEXTS ONLY: 513-828-7510

TEXTS ONLY: 513-828-7510

The probate process and how it may be avoided

Some heirs in Ohio aren't thrilled about the probate process that typically occurs when a loved one passes away. This is partly because of a lingering misconception that probate can be a long, drawn-out ordeal. However, the experience with probate court doesn't have to be all that time-consuming if family members are prepared. It's also possible for surviving heirs to skip this process altogether.

Regardless of what steps are taken with trust and probate administration, all estates normally go to probate so asset distribution decisions can be made. If there's a will, the designated executor will handle distribution of assets; otherwise, the court will select an administrator to do so. As for avoiding probate, one option is for the estate owner to make their preferred heirs co-owners of various assets. The potential downside with this arrangement is that one heir could legally claim all assets.

Transfer-on-death provisions can also be added to various accounts and deeds to avoid probate; although, probate may still be necessary if certain assets are transferred to a minor. It's also possible for designated heirs to die out of order and cause complications with this setup. This is why a more commonly recommended probate avoidance step is a revocable trust. Upon death, assets in the trust would be transferred to the designated heirs without the need for probate. Even if probate is avoided, there's always the potential for family squabbles that end up resulting in court battles, especially if a will is contested.

One potential way to minimize the risk of legal battles with wills and other aspects of the trust and probate administration process is to seek input from an attorney. For instance, a no-contest clause can be added to a will that states anyone challenging it loses their bequest. An alternative option is a mediation clause. A lawyer may also recommend that a client add proactive communication to their estate documents, such as side letters, to explain asset distribution and division decisions.

No Comments

Leave a comment
Comment Information

Take Action Today. Call 513-716-5940 To Talk To An Experienced And Compassionate Attorney.

Email Us For a Response

Tell Us More About Your Legal Issue

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact information

Kroener Hale Law Firm
101 N. Riverside Dr.
Batavia, OH 45103

Phone: 513-716-5940
Phone: 513-828-7510
Fax: 513-297-7227
Batavia Law Office Map

West Chester Office
9078 Union Centre Blvd
Suite 350
West Chester, OH 45069

West Chester Law Office Map

Cincinnati Office
312 Walnut Street
Suite 1600
Cincinnati, OH 45202

Cincinnati Law Office Map

Texts Only: 513-828-7510

With offices in Batavia, Cincinnati and West Chester, Ohio we serve clients throughout Clermont and Hamilton Counties