Practice area
Estate planning and probate
An estate plan decides who will look after your children, who will manage your affairs if you cannot, and where your property goes. When someone has died, we guide the family through what the probate court requires.
Overview
A basic plan for most people is four documents: a will, a financial power of attorney, a health care power of attorney and a living will. Together they cover what happens on death and what happens if you are alive but unable to decide for yourself. Some families also benefit from a trust.
Without a will, Ohio law decides who inherits and the court decides who administers the estate. Without powers of attorney, your family may need a guardianship to manage your affairs. Both outcomes are slower and more costly than planning.
After a death, the probate division of the county Court of Common Pleas oversees the estate. We prepare the filings, deal with creditors and tax matters, and see the estate through to distribution. Smaller estates can often use a shorter process.
Matters we handle
Wills
Naming who inherits, who serves as executor and who would be guardian of minor children.
Trusts
Revocable living trusts and trusts for children or for a relative with a disability.
Powers of attorney
Financial and health care powers of attorney, and living will declarations.
Probate administration
Opening the estate, the inventory, creditor claims, accounts and distribution to the heirs.
Small estates
Release from administration and summary procedures where the estate qualifies.
Guardianships
Applications to care for an adult who can no longer manage alone, or for a minor.
Estate and trust disputes
Will contests, disputes between heirs and claims against a person handling an estate.
Who this is for
- You have children under eighteen and no will naming a guardian.
- You have bought a home, married, divorced or retired since your documents were last reviewed.
- A family member has died and you have been named executor, or there is no will.
- A parent is losing the ability to manage money or medical decisions.
What to do now
- Make a list of what you own and roughly what each item is worth, including accounts with named beneficiaries.
- Decide who you would trust to act as executor, guardian and agent under a power of attorney, and ask them.
- Find any existing wills, trusts and beneficiary forms.
- After a death, locate the original will. Ohio law expects it to be filed with the probate court.
- Order several certified copies of the death certificate.
- Do not distribute property or pay debts from an estate before you have had advice.
How the fee works
Flat fee for plans, hourly for probate
Estate planning is done for a flat fee that covers the meetings, the drafting, any revisions and the signing. The fee depends on whether your plan is built around a will or a trust, and it is quoted before we start.
Probate administration is billed by the hour, because the work depends on the size of the estate and on whether anyone disputes it. Fees in a probate estate are subject to review by the court. Court costs and publication fees are separate.
What to bring to the consultation
- Any existing will, trust or power of attorney
- A list of assets with approximate values
- Recent statements for retirement and investment accounts
- Deeds to any real estate
- Life insurance policies and beneficiary forms
- Names and addresses of the people you plan to name
- For a probate matter, the death certificate and the original will
Common questions
What happens if I die without a will in Ohio?
Your property passes under a formula set by state law, usually to your spouse and children, and the court appoints someone to administer the estate. The result may not match what you would have chosen, particularly in blended families.
Do I need a trust?
Many people do not. A trust can be useful if you own real estate in more than one state, have young children or a relative with a disability, or want to keep your affairs out of the public probate record. We will tell you plainly whether one is worth its cost in your case.
How long does probate take?
A full administration in Ohio usually takes at least six months, because creditors have six months from the date of death to present claims. A straightforward estate is often closed within nine to twelve months.
Does all property go through probate?
No. Property held jointly with rights of survivorship, accounts with a named beneficiary and real estate with a transfer on death designation usually pass outside probate.
Attorneys who handle this
Related practice areas
- Real estatePurchases and sales, title problems, landlord and tenant matters and disputes over boundaries.
- Business lawForming companies, writing and reviewing contracts, and resolving disputes for small and mid-sized businesses.
- Family lawDivorce, dissolution, custody, child support and protection orders, handled with care for the people involved.
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