The estate planning attorneys at DuPont Law Group help guide family members, executors, trustees, administrators, heirs, and beneficiaries through the probate process when a loved one dies. We understand that the legal process following a loved one’s death can be confusing and stressful, especially when the wishes of the decedent (the person who died) were left unclear. When carrying out a person’s final affairs, there is a set process that must happen.
The Probate Court presides over the administration of estates, guardianships, and estate disputes. It is different than other courts in that it requires a familiarity with how it operates to avoid costly missteps along the way. If you’re struggling to manage and distribute a loved one’s estate, an experienced Dublin, OH trust and estate administration lawyer could help.
Each county has its own probate court. If your loved one lived and died near Dublin, Ohio (where our office is located), that can mean that the proper court is located in Franklin County, Union County, or Madison County.
5 Signs You Need to Talk to an Attorney
- You’re having trouble getting access to your deceased loved one’s bank accounts, titles, and deeds.
- You’re named an executor of a will, or a trustee of a trust, and don’t know what your responsibilities are.
- Your loved one didn’t have a will, and you don’t know how to distribute their money and property in the right way.
- You’re lost in probate paperwork and don’t know where to turn.
What’s the Difference Between an Executor, an Administrator, and a Trustee?
- An executor takes care of the estate when the decedent had a will.
- An administrator takes charge of the estate when there is no will.
- A trustee is in charge of managing assets that are in a trust.
One thing that executors, administrators, and trustees have in common is that they are all fiduciaries. They must act in the best interests of the beneficiaries.
The estate administration process for executors and administrators in Dublin, OH is similar.
- First, they must investigate what assets the decedent had, and report that back to the Probate Court.
- Second, they must pay whatever bills need to be paid out of the estate.
- Third, they must distribute what’s left in the estate according to the terms of the will, or if there is no will, according to state law.
- After the administration is done, they will go back to the Court to prove they have done their duties and pay whatever taxes and filing fees are due.
How Do I Start Estate Administration?
Download the probate checklist
The estate administration process starts by approaching the probate court and filing certain documents. The most important document you will need is the original death certificate. If there is a will, you will also need to present that to the Court, and identify any interested parties (such as siblings, children, spouse, etc.) Check your county’s probate court website to download any forms you may need.
If the decedent did not have a will, everyone with an equal right to represent the estate (such as children, siblings, a spouse, etc.), will need to be notified that they can apply to be the administrator. If everyone else with the right to be an administrator waives that right, you will be appointed. If they don’t waive their right, the Court will determine who the administrator should be.
Once the court approves your application to be an administrator, it will issue a letter of authority saying that you are okay to represent the estate and distribute it.
How Long Does the Probate Process Take?
The probate process usually takes about 6 months, but it varies based on many factors. The probate process can drag on due to difficulty identifying assets and creditor issues.
Do I Need an Attorney?
In theory, settling an estate should be an easy process. But it’s easy to get lost in documents and make a mistake. The rules of the Court are very particular, and sometimes difficult to understand. Unfortunately, the Court does not provide any help through the probate process, so if you choose to go at it alone, you truly are on your own. Oftentimes, it’s more costly to clean up honest mistakes than just hiring a probate attorney from the start.
Do I Need to Go to Court to…
- Get vehicle titles transferred over? It depends on who you are and how much the vehicle is worth. Under Ohio law, a surviving spouse can take up to $60,000 worth of motor vehicles simply by filing an affidavit with the BMV.
- Get access to the decedent’s bank accounts? If the decedent had a small amount of money in their bank account, that money can be distributed through a shortened form of administration. Once the value of the account passes a certain threshold, a full administration of the estate will need to be conducted.
- Obtain the decedent’s personal belongings? You do not need to involve the probate court if the estate only consists of personal belongings. Personal belongings are items without titles, such as furniture, clothing, jewelry, etc.
- Obtain the death benefit from the decedent’s life insurance policy? Life insurance policies will typically have a beneficiary designation. If you are the designated beneficiary, all you’ll need to do is provide a death certificate to the insurance company and fill out any applications and forms they require.
- Obtain what’s left in the decedent’s retirement account? Retirement accounts will typically have a beneficiary designation. If you are the designated beneficiary, all you’ll need to do is provide a death certificate to the company that holds the retirement account and fill out any applications and forms they require.
If you’re struggling with managing and distributing your deceased loved one’s estate, our experienced trust and estate administration attorneys in Dublin, OH could help. Call us at 614-389-9711.
Trust Administration
Administering a trust is very different from administering an estate through the Probate Court. Having a trust eliminates many of the delays and costs associated with probate. For example, when someone dies with assets in a trust, those assets are immediately available for distribution. The timing of those distributions is driven completely by the terms of the trust, not the Probate Court.
If you are the trustee of a trust, it’s very important to distribute the funds exactly as it is written in the trust. Even honest people may find themselves in an unwanted lawsuit because of accidental self-dealing. If you have questions about how to fulfill your trustee duties, please contact an experienced trust attorney to avoid costly missteps along the way. The estate and trust administration attorneys at DuPont Law Group are here to help trustees throughout the trust administration process.
Protect Your Family and Your Assets By Contacting an Estate Administration Lawyer in Dublin, OH
The Dublin, OH trust and estate administration lawyers at DuPont Law Group could help you manage your loved one’s assets after they have passed. Contact our firm today to schedule your initial consultation with our compassionate team. We look forward to working with you.
Greg DuPont, JD, CFP®, is a well-respected estate attorney, financial advisor, public speaker, and published author. He centers his multiple businesses around education, guidance, and relationship-building. This comprehensive combination gives him, and his team, the opportunity to effectively serve both individuals and their families. He is a life-long resident of Central Ohio and spends the majority of his time with his wife, Julia, and daughter, Sophie.
