There are steps to take when a loved one passes away. Beyond your grief, there are legal issues to address related to their assets, debts, and property. The process of determining how these things are divided among a person’s heirs is known as probate.
As an administrator, you are tasked with managing the administration of the probate estate. However, this process is complicated and frequently involves conflict. You have the right to hire an attorney to assist you with probate and estate administration. Let the Law Offices of Christopher R. Orr help you navigate this system.
What Is Probate?
When someone dies, a legal process known as probate is used to divide their assets and settle their debt. Whether or not you have a valid last will and testament will play a major role in determining how this process plays out. If you have a will, it will determine which heirs ultimately inherit your estate. If there is no will, the estate is divided based on a legal framework known as intestate succession. Under intestate succession, property is passed to specific immediate family members regardless of what your intentions were.
Probate may involve filing the will with the court, notifying creditors and heirs, identifying and valuing assets, paying outstanding debts and taxes, and distributing the remaining property. Certain assets may avoid probate entirely, allowing them to be handed down without the need for legal action. Still, for many estates, some level of court oversight is required.
The Role of an Administrator
Being named as an executor or appointed as an estate administrator carries significant legal responsibility. The person in this role must gather and safeguard all estate assets, notify beneficiaries, pay valid claims, and account for all financial transactions.
It is not uncommon for questions or disputes to arise. This is especially true in larger or more complicated estates. Executors must make sure they follow both the terms of the will and Ohio law, which can be a challenging balance. Legal guidance ensures that they fulfill their duties correctly and reduces the risk of mistakes that could lead to liability or delays.
When Legal Guidance Is Needed
Probate is a process filled with deadlines, documentation, and procedural rules. Even a small error can cause delays or invite legal challenges. Legal representation is especially important in cases involving unusual assets, tax questions, out-of-state property, creditor disputes, or feuding family members.
At The Law Offices of Christopher R. Orr, we assist with every aspect of estate administration. Our firm can file your initial petitions at the beginning of the process and prepare a final report once everything has been distributed. No matter the size of the estate, our goal is to resolve matters with efficiency and fairness.
Avoiding Probate with Thoughtful Planning
While probate serves an important legal purpose, many families wish to avoid it altogether. This can be accomplished through thoughtful estate planning strategies, such as establishing revocable living trusts. These tools allow assets to transfer outside of the probate process, saving time and expense.
For families currently facing probate, or those looking to plan ahead, The Law Offices of Christopher R. Orr offers experienced, compassionate guidance. Whether you need help settling an estate or are looking to create a plan that spares your loved ones from future complications, we are here to help. Contact us today to learn more.