Application For Authority To Administer Estate

Generally, only assets that the deceased person owned in his or her name alone go through probate. Everything else can probably be transferred to its new owner without probate court approval. Many common assets do not need to go through probate.

Generally, only you and your attorney -- as well as persons you authorize to view its contents -- will ever see the will prior to your death. After your death, however, your will generally becomes public record when it is recorded or filed for probate in an Ohio probate court.

Generally, only assets that the deceased person owned in his or her name alone go through probate. Everything else can probably be transferred to its new owner without probate court approval. Many common assets do not need to go through probate.

To become a child's guardian, the potential guardian must file an application with the probate court in the jurisdiction where the child resides. In Ohio, a guardian over a child's assets, whether it be the child's parents, a relative or other party, must be bonded by an insurance company.

An Ohio estate qualifies as a small estate if the value of the probate estate is: $35,000 or less; OR. $100,000 or less and the entire estate goes to the decedent's surviving spouse whether under a valid will or under intestacy.

Summary Release from Administration Avoids probate entirely if either: The estate's worth less than $45,000 and the surviving spouse is the sole heir. The estate's worth less than $5,000 and/or the decedent's final expenses total no more than $5,000.

The Will must be filed in the Superior Court in the county where the decedent lived. A Petition for Probate must be filed as well. This requests the appointment of an executor.

Small estate administration is a simplified court procedure that is an alternative to the longer probate process. It is available when the person who dies did not own that much in assets. There is often a limit to the value of the property, such as $25,000 or $100,000.