When is Probate Necessary?

Probate is necessary when there are assets in the name of the decedent at the time of death. Any assets in the name of the decedent must be administered by the Executor or Executrix of the estate. After administration, the remaining assets are distributed consistent with the Will. If there is no Will, the assets are distributed pursuant to Ohio law.

Does  a Will avoid Probate?

No. Unfortunately there is a misconception that by creating a Will the Probate process is avoided. This is not the case. In fact using a Will ensures that your assets go through Probate. Generally, the estate administration process can range between six and twelve months.

Probate will vs. trust

Is an Attorney necessary for Probate?

Yes. Like any legal process, the person in charge of administration needs legal advice to follow the proper procedures. Failure to follow the proper procedure can result in personal liability for the debts of the decedent.

Find out more about Estate Planning Income Tax and Probate Estate Tax legal topics.

To schedule an initial free consultation, contact Estate Planning Attorney Elliott Stapleton in Cincinnati Ohio.


When scheduling an appointment with Elliott, feel free to request either of our firm’s current locations:

Main office: 123 Boggs Lane, 1st Floor, Cincinnati, Ohio 45246

Hyde Park/Central Cincinnati office2101 Grandin Road, Suite A, Cincinnati, OH 45208

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s