At Legacy Law, we’re passionate about always keeping you prepared for life’s next move. Whether it’s future medicaid or estate planning, protecting your assets, or even getting life back together after an accident, it pays to be one step ahead. Let our experience help you plan your next move. 

Ohio Probate, Trusts, & Estate Administration Attorney 

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Probate is the Court supervised process where a deceased person’s estate is managed and eventually distributed to his or her heirs. The process can be long, complex and expensive. We can help guide you through the process to keep probate as quick and simple as possible.

Probate Attorney in Ohio

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What is Probate?

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Probate, Trusts, & Estate Administration

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Probate is the Court supervised process where a deceased person’s estate is managed and eventually distributed to his or her heirs. The process can be long, complex and expensive. We can help guide you through the process to keep probate as quick and simple as possible.

Probate Attorney in Ohio

What is Probate?

LEARN MORE ABOUT PROBATE

If you do not have a Will, or if your Will does not comply with all the necessary legal formalities, then your assets will pass via “intestate succession.” That means that you will have no say in where your things will go, nor who will be the one to manage your estate. Any assets in your probate estate will pass according to whatever Ohio’s statute of descent and distribution says at the time you pass away. (Section 2105.06 of the Ohio Revised Code)

Estate Administration when there is No Will

Without a Will additional restrictions and limitations are applied to your heirs. For example, an executor under a Will can live in another state, not so without a Will. Similarly, a Will can include a waiver of bond where you can request that your executor not be required to purchase an probate bond. These bonds are there to address any problems that may arise during probate, but can be expensive and are often not needed.

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Probably the most common misconception that we hear is that people think Wills avoid probate. Unfortunately, that is not true. Having a Will makes probate easier, quicker and simpler in most cases, but probate is still required.  

In preparing a Will you nominate who you would like the Probate Court to appoint to be the executor. That person is given preference, but it is ultimately up to the judge. Similarly, you nominate who you would like to be the Guardian if you have any underage or disabled children you care for.   

The other main thing a WIll does is allow you to control who inherits the things you own which are subject to probate. This gets confusing as people often do not understand what items are subject to probate and what are not. If a Will attempts to give a non-probate item to someone, it will be ineffective.  


Estate Administration when there is a Will

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Frequently Asked Questions

Q: Is probate expensive?

Q: How long does probate take?

Q: Are probate records Public?

Q: How Can I Avoid probate?

A: The short answer, is that it depends. WHile there are some baseline costs, the bulk of Probate fees are typically based on a percentage of the value of the assets that pass through probate. Between legal fees, administration fees, court costs, filing fees, appraisers, etc. it is not uncommon for somewhere around 10% of the value of your probate assets to be lost in administration.

Q: Is probate expensive?

Q: How long does probate take?

Q: Are probate records Public?

Q: How Can I Avoid probate?

Frequently Asked Questions

A: This varies depending on the assets in the estate, and if there are creditor issues, or disputes among your heirs. The average today is 12-18 months to complete a probate estate.

Q: Is probate expensive?

Q: How long does probate take?

Q: Are probate records Public?

Q: How Can I Avoid probate?

Frequently Asked Questions

A: Yes. While confidential information like social security numbers of dates of birth are redacted, the vast majority of information about a probate is public record.


Q: Is probate expensive?

Q: How long does probate take?

Q: Are probate records Public?

Q: How Can I Avoid probate?

Frequently Asked Questions

A: This is one of the most common questions we get asked. Common tools we use to avoid probate include the creation of trusts, managing beneficiary designations and ensure jointly owned assets are set to pass to the survivor upon the death of either owner.



CLIENT

testimonials

- ANDREA

“Attorney Andrew Popp provided me a quick, knowledgeable response regarding my probate questions. Prior to speaking with Mr. Popp, I had consulted with numerous attorneys in two states -- and received a broad range of answers. In my opinion, the answers provided me by Attorney Popp were offered in a spirit of true professionalism, and backed by a true desire to help.”

- JAMES

“I really enjoyed working with Mr. Popp. He is an asset to his profession.”

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