What Is Probate?

In Ohio, the probate court may oversee the estate, including appointing an executor or administrator, identifying assets, addressing debts and creditor claims, and distributing property to beneficiaries or heirs.

Not every estate is the same, and whether probate is necessary often depends on what the person owned and how those assets were titled.

Possibly. A will does not automatically avoid probate. A common misconception is that having a will keeps your estate out of probate. Instead, a will generally provides instructions for how your probate property should be distributed.

Think of it this way: your will provides the instructions; probate may be the process used to carry them out. For example, leaving your house to your child in your will does not necessarily transfer ownership automatically when you die. Depending on how the property is titled, probate may still be necessary.

Not everything you own necessarily passes through your will. Assets that may pass outside probate include:

When someone dies without a valid will, they are considered to have died intestate. Ohio law then determines who inherits the person's probate property.

Contrary to a common misconception, dying without a will does not ordinarily mean that the State of Ohio simply takes everything. Instead, Ohio's inheritance laws determine which relatives receive the estate.

Some estates are relatively straightforward, while others can involve complicated assets, creditor claims, real estate, or disagreements among family members.

An Ohio probate attorney can help determine whether probate is necessary, identify probate and non-probate assets, prepare required court filings, transfer property, and guide an executor or administrator through the process.

Whether you are handling the estate of a loved one or planning ahead, speaking with an Ohio probate and estate planning attorney can help you understand what will happen to your property and whether probate can—or should—be avoided.

At Misali Law, we help families navigate probate and the administration of estates during what can already be a difficult time. Whether you are dealing with a loved one's estate, need help understanding the probate process, or are serving as an executor or administrator, our office can help you through the process.