Ohio Sample Letter for Initial Probate Proceedings - Request to Execute Documents
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FAQ
Small estates may qualify for a simplified probate procedure in the state of Ohio. To take advantage of this shortcut, the executor must submit a written request to the probate court. If it is approved, the assets can be distributed without exposure to the full probate process.
If there is no spouse and no children, the deceased's parents will inherit. More distant relatives?aunts, nephews, cousins of any degree, etc. ?are next in line if the deceased had no spouse, children, or parents. If the court cannot locate any living relatives, the state of Ohio will inherit the entire estate.
Under Ohio law, if you are the beneficiary of a will, and you know of the will's existence and have the power to do so, you are obligated to have it submitted for probate within a year.
Depending on the size and complexity of the estate, this process can take anywhere from a few weeks to several months. In Ohio, the executor has up to three months from the date of their appointment to complete this inventory and submit it to the court.
A Will Contest must be filed within three months after the filing of the Certificate (see RC 2107.19(A)(3)) that all interested persons were given or waived notice of the admission of the will to probate. The filing of the Certificate commences the running of the three month filing deadline.
Letters of Authority are a document that identifies who is serving as the Personal Representative and gives the Personal Representative the legal power to act on behalf of the probate estate.
Under the law in Ohio, you must file probate within a year after the person's death if you have the will or know of its existence. Failure to do so could impact your inheritance.
The named executor will begin by requesting that the probate process be started. He or she does so by filing a petition along with the will and death certificate with the probate court in the county where the decedent lived at the time of their death.
