5330 Meadow Lane Court, Suite A, Sheffield Village, OH 44035
Schedule An Appointment

440-934-5330

Amherst Probate Attorney

Amherst Probate Attorney

When a person dies, dividing their estate amongst beneficiaries can be a complicated process, particularly when a person dies without a will. However, will or not, a person’s estate is subject to probate. At the law offices of Kryszak & Associates, Co., LPA, our Amherst probate attorneys can guide you through the process, and handle the complicated elements of probate on your behalf.

Probate: What It Is and How it Works

Probate is the legal process of:

  • Determining the validity of a will;
  • Determining the assets and property of an estate;
  • Determining the debts and liabilities of an estate;
  • Identifying beneficiaries and heirs of the decedent;
  • Paying any liabilities and taxes; and
  • Distributing anything that remains amongst beneficiaries per the terms of a will or per intestacy laws.

The person is who responsible for doing the above is called the estate administrator. If a person dies with a will, then their will will name an executor of the estate who will be responsible for managing the probate process; if no executor is named, the court will appoint an administrator.

How Long Does Probate Take?

One of the downsides of the probate process is that it can be a time consuming, and expensive, undertaking. The Ohio Bar Association suggests that a small estate that does not need to file a federal tax return and that has no credit issues will probably be able to conclude the probate process within six months’ time. However, the administration of a larger estate can take one year or longer!

As for costs, the cost of probate is based on a number of factors. For example, there may be a number of documents that a person must file with the court – filing fees are typically about $200. A person may also need to hire financial professionals to assist them in inventorying the estate, paying taxes, etc. Further, many choose to hire legal professionals, resulting in lawyers’ fees as well.

What If There Is No Will?

It is a common misconception that if a person dies without a will, their estate does not have to pass through probate. When a person dies with a will, any remaining balance of the estate after creditors and taxes have been paid will be distributed per the terms of the will. If there is no will, taxes and liabilities must be paid, and then the remaining balance will be distributed per the laws of intestate succession, which name who gets what depending on which heirs survive the decedent. For example, in Amherst, a spouse will inherit everything upon a decedent’s death, even if there are children from that marriage. Or, if there is no spouse, children will inherit everything.

Contact Our Amherst Probate Attorneys Today

Probate is a complicated and time-consuming process, and can be an emotional one as well. If you are tasked with handling the administrator of your loved one’s estate, we strongly encourage you to contact our experienced Amherst probate attorneys at the law offices of Kryszak & Associates, Co., LPA for legal counsel and assistance. We are highly experienced in probate law, and can help to ease the burden placed on your shoulders.

Our Attorney Profiles

Meet our talented team. To learn more about our attorneys, review the profiles below.

Request A Consultation

Schedule An Appointment440-934-5330
Our Locations

5330 Meadow Lane Court
Suite A
Sheffield Village, OH 44035

943-1/2 Main Street Grafton, OH 44044
Contact Us
Phone: 440-934-5330
Toll Free: 888-934-5330
Fax: 440-934-8191

Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis.

NUVEW | Copyright 2018. All Rights Reserved

Popup Close

ALERT: We are experiencing a malfunction with our telephone system and we are not able to receive multiple calls at one time.

While we are awaiting the phone company to repair equipment, please contact us through email (andrea@kryszaklaw.com)
if you receive a busy signal or call us back.
Thank you for your patience.