Probate Administration
Probate is a legal proceeding to administer certain kinds of property (“probate property”) that is owned by someone who has died (the “decedent”), to see that claims, expenses and taxes are properly paid, and to see that the remaining estate is distributed to those entitled to receive it under the terms of the decedent’s will, if one exists, or under Ohio law. This proceeding is overseen by the probate court. We assist and work with our clients to navigate this process and understand its requirements.
When someone passes away, they may leave behind a will (“testate”) or have no will at all (“intestate”). The probate process typically begins with filing the decedent’s will with the probate court. The will typically directs how the decedent’s assets should be distributed through the probate process. If there are no objections to the will, the personal representative named in the will (the “administrator”) serves as the representative of the decedent’s estate. The administrator collects the decedent’s assets, pays the estate’s debts, and distributes any remaining assets to the beneficiaries as the will instructs. If no will exists, or if the will only covers a portion of the estate, state law governs the who are the beneficiaries of the decedent’s estate and how the estate is to be distributed.
Typically, the probate process includes the following steps:
1.) The probate court receives the filing of the will.
2.) If an administratoror personal representative is not named in the will, one will be appointed. In the event that a decedent does not name an administrator , or the named administrator is unable or unwilling to serve, the probate court will appoint a personal representative or administrator for the estate. The appointed person is entitled to collect a fee for their work and may be required to post a bond with the probate court.”
3.) The probate process involves identifying the heirs, beneficiaries, creditors, and other relevant parties, and notifying them of the deceased person’s passing and the establishment of the probate estate.
4.) As necessary, the assets of the estate are inventoried and appraised. The personal representative or administrator is responsible for evaluating all of the estate’s assets to determine their value. If the estate does not have sufficient assets to pay off creditors, then beneficiaries may not receive their inheritance, whether in full or in part.
5.) Distribute assets to the beneficiaries after paying off any owed taxes and creditors. Creditors, including tax authorities such as the IRS, are paid according to a specific priority order. After paying off creditors and administrative expenses, any remaining funds may then be distributed among the heirs based on the requirements of the law or the decedent’s will.
The probate administration process can be complex and it may give rise to complications. Engaging the services of an attorney experienced in the areas of probate and estate administration can help ensure that the process is cost-effective and efficient, even if formal proceedings are not required. It can also help to avoid mistakes in administration and minimize the risk of personal liability for the decedent’s debts. Legal fees are typically paid out of the estate or trust.
Where it is unclear who should receive the decedent’s assets or where a conflict arises among the heirs or beneficiaries, the assistance of an attorney can be particularly important. An attorney can also help identify which assets are not subject to the probate process, such as life insurance policies (and their proceeds), property held in a living trust, or property and accounts with survivorship rights. At Krueger and Valente Law, LLC our attorneys and staff provide guidance and assistance to beneficiaries and fiduciaries, including administrator, administrators, guardians, and trustees, in all aspects of estate and trust administration throughout the probate proceedings.
Ensuring your Wishes are Respected Upon Your Death
Krueger and Valente Law, LLC assists clients in the Cuyahoga, Summit, Medina, Lorain, Portage, and surrounding counties with probate administration to ensure the probate process is handled properly and the decedent’s wishes are honored after their passing. We can assist with the following.
- Assisting your administrator
- Serving as your administrator
- Working with your trustee
- Serving as your trustee
- Distributing your assets to your heirs and beneficiaries
The Attorneys at Krueger and Valente Law LLC.
Can Help You With Your Probate Administration Needs.
Call Us
(440) 732-2100
Areas Of Practice
Area We Coverage
- Akron
- Beachwood
- Bedford Heights
- Berea
- Brookpark
- Brunswick
- Chagrin Falls
- Cleveland
- Cuyahoga Falls
- Elyria
- Hudson
- Independence
- Lakewood
- Lorain
- Medina
- Middleburg Heights
- North Olmsted
- Parma
- Rocky River
- Solon
- Strongsville