What is Estate and Probate Administration? - Dennis B. Dahlberg

Estate and probate administration is the legal process to administer the property of someone who has died, pay any claims or creditors, pay the expenses and taxes of the decedent, and distribute what remains of the property to the beneficiaries under a Last Will & Testament and / or under Ohio law.   

Not all property of a decedent needs to go through the estate administration process.  When someone dies some of the person’s assets may be transferred by trust, joint or survivorship ownership of property, transfer on death designations, payable on death designations, and / or beneficiary designations under retirement accounts or insurance policies.

Probate property is all property titled in the decedent’s name alone.  It is distributed through the decedent’s Last Will & Testament (will) or under Ohio law.  A probate proceeding takes place in the probate court of the county where the decedent resided.  If the deceased also owned real estate in another state or another county, additional proceedings might be necessary.

If the decedent did not have a will, then the decedent’s probate assets are distributed to the surviving next of kin under Ohio law.

The basic steps of an estate administration are:

·         Filing an application for authority to administer the estate and admit the will to probate – if a will does exist;

·         Appointment of a fiduciary (executor or administrator);

·         Collecting / gathering assets and obtaining appraisals as required;

·         Filing an inventory of assets;

·         Paying any creditors;

·         Filing an estate and income tax returns and paying taxes – if it should be necessary;

·         Distributing remaining assets to beneficiaries;

·         Filing final accounts;

·         Closing the estate.

Every estate is different and so there is no set time period on how long it may take to administer an estate.  Some estate administrations are complete within a few months and some may take a year or longer.  The time frame for an estate administration all depends upon the particular circumstances of the estate.

Many times the estate and probate administration process can be a complicated one involving various legal issues.  A person should strongly consider consulting an attorney before beginning an estate administration.

If you are involved in an estate administration, it is important to discuss your options with a qualified attorney who can assist you.  We stand ready to answer any of your questions here at Dahlberg, Stanley & Foderetti, LLC.  Please contact our office for a free initial consultation with one of our attorneys to discuss your case.

- Dennis B. Dahlberg, Esq.