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Will your estate go through probate?

On Behalf of | Oct 28, 2020 | Probate, Trust & Estate Administration

Probate can be a helpful process that occurs after your death and ensures the proper handling of your estate. In some situations, though, you do not need the probate process. Your heirs can handle your estate without legal intervention. However, your heirs will have to adhere to the law.

The Ohio Revised Code states that an estate must go through probate unless it meets certain exceptions. In any situation, if you had a will, the court must look over the will first before making a determination about probate. It can rule a release from administration, which means that it will not need to go through the probate process. However, there are also a couple of other situations where the court may release it from probate.

Low-value estate

If your estate’s value is under $35,000, then it will not have to go through probate. The court can order that it releases it from its administration. Your heirs may not have to go before the court at all. If there is no concerns, the court will likely release it and let your executor disperse assets according to your wishes, or allow the law to take over to assign ownership of assets based on the type of asset. For example, if you own a joint account, then the other owner will automatically take ownership.

Certain conditions of estate

If your estate’s value is under $100,000, the court may order release from probate in certain conditions. The court will order no probate if you left everything in your will to your spouse, or if you had no will but you have a legal spouse, then all your assets would transfer to him or her without the need for probate.


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