Probate Attorney in Springfield, Ohio
According to the Ohio Supreme Court, the number of probate cases in the state declined over a period of ten years, with five percent fewer cases filed in 2015 than in 2006. This decline in the number of Ohio probate cases is due to more people engaging in probate avoidance techniques, including the use of trusts. A Forbes article states that across the nation, Americans pay some $2 billion per year for probate case administration, with the filing fee for a “typical” probate case averaging about $350.00. This fee does not include executor fees, appraisal fees and attorney fees.
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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.
What Properties Do Not Go Through Probate?
There are specific properties which are considered non-probate—not a part of the probate proceeding. These properties include any assets held in joint tenancy with another person and the decedent with right of survivorship, any payable on death accounts or transfer on death accounts to a named beneficiary and retirement or insurance benefits payable to a named beneficiary.
Exceptions to Ohio Probate Laws
In the state of Ohio, if the total value of all the property and assets belonging to the decedent (minus those assets exempt from probate, as listed above) is less than $35,000, some of the normal administrative requirements may be waived—in other words, the probate becomes simpler and less expensive. If the estate is worth less than $5,000, then no probate at all is required. If the decedent leaves a spouse who is legally entitled to all the assets in the estate, the amount which may be relieved from formal administration requirements increases to $100,000. If the decedent had a Living Trust, then any assets in the Trust are not required to go through probate, and if the assets left outside the trust do not amount to Ohio’s small estate limit, then no probate will be required. A simplified probate in the state of Ohio may take as little as 2-4 months.
Is Probate Expensive?
Typical complaints about probate proceedings usually center on the amount of time probate takes rather than the cost, although in some cases cost could certainly be a factor. The probate court typically charges somewhere in the neighborhood of $200, although attorney fees, executor fees and other fees can significantly increase the amount of probate costs. Under Ohio law, executors and administrators are entitled to a set fee which is based on the percentage of the property and assets to be probated as well as the value of non-probate property. If the executor or administrator is required to provide “extraordinary services,” he or she may request additional fees. Some administrators and executors may waive their fees, and these fees are taxable.
Why is Probate Necessary?
The ultimate purpose of probate is to ensure there is no fraud following a person’s death—essentially, probate “freezes” the estate until it is determined whether a will exists, whether the will is valid, whether all pertinent people have been notified, whether all the estate’s property has been identified and appraised, and whether the estate’s creditors and taxes have all been paid. Probate is most easily avoided when a Living Trust exists—a really good reason to discuss the potential benefits of a Living Trust with your Ohio estate attorney. It is also a good idea to have a knowledgeable Ohio estate attorney by your side if you are a named executor or administrator, or a beneficiary who may have questions about the probate process. The Lovett & House estate planning attorneys have many years of experience assisting those who need help managing their assets while they are alive, in times of incapacitation and after their death.
Contact the law offices of Lovett & House to schedule an appointment to answer any questions you may have about probate or other estate planning issues.
