The probate process can be a long and tedious ordeal. It involves taking inventory of a person’s estate, trying to determine a will’s validity, settling debts, and dividing the remaining estate between beneficiaries through the court. The probate process can take as little as nine months but can take up to a year or more, depending on the case. If the estate is worth less than $5,000 or the amount of the funeral expenses, no probate is necessary in Ohio. You can take other estate planning measures to help ease probate, too.
Will Must Pass Probate
If you have a will, it may help guarantee that your beneficiaries receive your assets ho you want them to be distributed. Even with a will, your property needs to go through probate. A will may speed up the distribution process, but it will not avoid the probate process altogether.
Establish a Trust
Holding assets in a trust can avoid probate. A trust is a legal document that gives another person or entity (trustee) the authority to make certain decisions on your behalf. Unlike a will, it can go into effect as soon as it is written, which means those assets are technically no longer part of your estate and can bypass the probate process entirely. Being a big benefit to a trust, you should consider creating one for this reason.
Other Ways to Avoid Probate
Some assets are exempt from probate. It’s a good idea to become familiar with them:
These legal resources can be great tools for every financial level, not just wealthy individuals. An estate plan is meant to provide peace of mind for all parties involved, so it’s a good idea to put one in place earlier rather than later.
While probate as a process is not bad, avoiding parts of the process can make it smoother and quicker for everyone involved. Finding an experienced and knowledgeable estate planning attorney may help you minimize the assets that must pass the probate court review before being distributed. When you’re already dealing with enough, easing your responsibilities after losing a loved one will be a welcomed relief.
The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process.
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330-922-4491 or
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