Lorain Probate Attorney

The death of a loved one is an emotional experience. For those who are beneficiaries or the named estate administrator, losing a loved one can also raise questions about the deceased’s will, property and assets, and the probate process. At Kryszak Law Firm, Co., LPA, our experienced Lorain probate attorneys can help you to understand what probate is, how the probate process works in Ohio, and what steps you need to take next.

What Is Probate?

Probate is the legal process that ensues after a person’s death for the purpose of verifying the validity of the decedent’s will, reading the will, and then paying any existing claims or taxes and distributing remaining property to beneficiaries per the terms of the will.

Even if a person dies without a will, however, their estate will still be subject to the probate process. If the decedent has died without a will, the property will be distributed intestate.

Intestate – What’s That?

When a person dies “intestate,” it means that they die without a will. Because this means that the individual has not set forth instructions for the distribution of their estate, the estate will be subject to Ohio’s intestacy laws. These laws address how an estate is distributed when there is no will. Per intestacy laws, if a person dies without a will in Ohio, their property will be divided in the following manner:

• Spouse will inherit everything, even if there are shared children;
• Spouse will inherit the first $20,000 of an estate, plus half of the remaining balance, if there is one child from another spouse;
• Children will inherit everything if there is no spouse; and
• Parents will inherit everything if there is neither spouse nor descendants.

If a person dies without any family, it is possible that there property with escheat to the state, which means that it will become the property of the state.

The Probate Process

Will or no will, the probate process is very similar. If there is a will, the will designates an executor of the estate; if there is not a will, an administrator will be appointed by the probate court. The administrator or executor is responsible for:

• Inventorying the estate, including collecting all income owed to the estate and totaling all debts and liabilities;
• Identifying all heirs;
• Identifying all beneficiaries (if a will exists);
• Paying all debts;
• Paying all taxes; and
• Distributing assets to beneficiaries.

Working with a Lorain Probate Attorney

The probate process can be tedious and complicated, and may take hours of your time and energy if you are assigned as an estate administrator. At Kryszak Law Firm, Co., LPA, our Lorain probate attorneys can assist you by explaining the step-by-step process as it pertains to your specific situation; identifying all assets and liabilities; filing all related paperwork; handling tax documents; transferring assets; and more.

To schedule a consultation with our experienced Lorain probate attorneys, please call 440-934-5330 today, or send us a message online.