Beavercreek Probate Attorney
Probate Attorney in Beavercreek, OH
According to the Ohio Supreme Court, as of 2018 probate cases in the state had declined over the past decade. In 2018, there were 85,787 incoming probate cases—about three percent fewer than the 10-year high in 2013. The declining number of probate cases is likely due to the fact that more people are using trusts and other estate planning tools so they can avoid probate altogether. You may wonder why people want to avoid probate. The simplest answer is that probate is often lengthy, and costly, requiring a significant level of paperwork by the executor of the estate. If there is no will, the estate still requires probate—it just becomes even more complicated. Having an experienced Beavercreek probate attorney to guide you through the process can greatly simplify an Ohio probate.
In the state of Ohio, probate is the legal process that occurs once a person dies (the decedent). As noted, probate occurs whether a person has a valid will or not. Trusts and other forms of asset division may be able to steer clear of probate, but for the most part, probate will maintain a part of the process. The state of Ohio does make a probate exception for estates that are worth less than $5,000, or the amount of funeral expenses. If this is the case, anyone other than the surviving spouse who has paid or is obligated to pay those expenses can ask the court for a summary release from administration. The surviving spouse can make a request for summary release only if:
Your Family's Peace of Mind is Priceless
Read Our Former Clients' Five-Star Reviews
Our compassionate and through approach to Estate Planning makes a real difference in our clients' lives. Read reviews in their own words below.
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"The Best Customer Service"George and his crew provide the best in customer service and have an outstanding work ethic. They have always been there to help us when needed!- Mark S.
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"He Made It Easy"Bill was very friendly, knowledgeable, and kind. He made Estate Planning fun, fast and easy. We both feel relief to know our wishes are spelled out and our assets are protected!- Sherry C.
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"Peace of Mind"He explained each step 100 percent. He takes the time to talk WITH you, not TO you. I am so thankful I went to his seminar and took advantage of the free consultation.- Rosa S.
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"Made It Easy to Understand"George Lovett made our estate planning easy to understand and informative. He used our personal information to create a plan that was tailor-made to us.- Pamela O.
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"Expertise & Attentiveness"We were very pleased with the service, expertise, and attentiveness we received. We are glad that we choose Lovett & House for this.- Pat D.
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"A Pleasure to Work With"George Lovett has helped my family tremendously. He always explained our options and took care of us with the utmost professionalism.- Marlene W.
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"Easy to Understand"They made it easy to update our estate planning needs. All our questions were answered in easy to understand language and we didn't feel overwhelmed.- Rita S.
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"Very Helpful"he Estate Trust planning was easy to do with the Lovett & House. George H. Lovett and William H. House were very knowledgeable and helpful.- Judith A.
Are Smaller Estates Exempt from Probate?
In some cases, a simplified, less expensive probate process is available for Ohio residents. This simplified probate is available when the surviving spouse inherits all the probate property, whether under the decedent’s will, or by state law if no will exists. Simplified probate is also available when the total value of the estate is not more than $100,000. If you use the simplified process for probate, it will likely only take from 2-4 months.
What Does the Executor Do?
For a smaller estate or a larger one, the person named as executor in the decedent’s will (if a will exists) will be in charge of probating the will. If there is no will—or if the named executor is unwilling or unable to serve—the court will appoint someone to serve as an administrator. If there is a surviving spouse, he or she has first priority in being named as the administrator or executor of the estate. The court will issue a document known as “Letters of Authority,” then the executor will do the following:
- Conduct the usually routine matter of proving in court that the decedent’s will is valid
- Gather and inventory the decedent’s assets
- Have all assets appraised and ensure they are properly safeguarded
- Pay all the decedent’s taxes and other debts
- Distribute any remaining assets as the will directs, or, if there is no will, as state law directs
Executors must keep very careful records regarding the handling and distribution of estate assets; having an experienced Beavercreek probate attorney can help the process along.
How a Beavercreek Probate Attorney from Lovett & House Can Help
The Lovett & House Co., LPA attorneys can help you through the probate process in the easiest, least stressful way possible. We have compassion for what you are going through following the death of your loved one, and we can help you discharge your executor duties while avoiding unnecessary conflicts with family members or others.
Contact Lovett & House Co., LPA today to schedule a confidential consultation regarding your Beavercreek probate.
