What Happens If I Die Without a Will in Ohio?

August 04, 2020  

It’s understandable that most people don’t like to consider their own death. But as we grow older and take on new commitments, like becoming a parent, purchasing property, or opening a business, many of us begin to consider what could happen to those assets and the people we love after our passing if there is no will in place.

While it may be difficult to think about creating a will or trust, these estate planning tools can actually increase your peace-of-mind by helping to ensure that your loved ones will be cared for after your death. At Kryszak & Associates, Co., LPA, we have been helping families successfully navigate the Ohio estate planning and estate administration process for many years, and we understand that these issues can be complex and emotional. If you’re in need of assistance with a will, trust, or probate matter, contact our office to learn how we may be able to help.

Understanding Ohio Probate Law

Probate refers to the legal process by which the assets of a deceased person (known as the decedent) are gathered and then distributed after their death. This process applies whether there is a will in place or not, but in cases where the decedent’s estate is relatively small, an expedited process may be used, or a summary release may be granted to eliminate probate altogether.

A Will or Trust Can Give You Greater Control and Peace of Mind

When the decedent has a valid will in place, much of the probate process will be simplified, since many decisions that normally fall on the court will have been made and recorded already. For example, the probate process normally requires appointing a personal representative to oversee the decedent’s assets. If a will exists, it will designate this person well in advance, allowing you to share and discuss your wishes with them. However, with no will in place, the court or a clerk of the court will often select the personal representative.

A trust can also be helpful in giving you additional control over how your assets are distributed after your death since assets held in a trust are often not subject to probate proceedings.

Contact a Skilled Probate Attorney for More Help

 Establishing a will or trust may not allow you to avoid probate court in Ohio completely, but it will take much of the burden off of your surviving loved ones and help the process to move more quickly and efficiently. Making your wishes clear can help avoid the need for your family to make difficult decisions at a highly emotional time.

Kryszak & Associates, Co., LPA, has helped numerous families create an estate plan in Ohio, and we would be honored to assist your family as well. Our firm’s diverse and extensive experience with real estate law and trust administration allows us to create and execute a detailed plan for your assets that will provide peace of mind for you now, and continued support for your loved ones later on. Contact our office today to learn how we can assist you or to schedule a consultation.