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Probate Law Firm Stiefvater Law, limits the clients it represents at any given time in order to provide efficient and cost effective service to clients throughout the probate process. Probate is the legal process through which a decedent’s estate is administered when a person dies.

Probate is a legal process that occurs when a person dies with probate assets. The probate process can be slow and expensive. Estate planning is often done to avoid probate. Benefits to avoiding probate include saving the heirs and the estate time and money, simplifying the overall process after a loved one’s death, and can ensure that the decedent’s assets and wishes are carried out after death.

An individual’s assets are considered either probate assets or non-probate assets. Probate assets are those items that must go through the probate process to transfer ownership. Likewise, non-probate assets do not need to go through the probate process to transfer ownership. Probate Attorney Robert Stiefvater will sit down with you and advise which assets are probate assets and which assets are non-probate assets.

Probate assets, among other items, consists of individual assets, tenant in common assets, Assets with predeceased beneficiaries or no beneficiary named, and assets left out of a trust. Most non-probate assets are those with named beneficiaries.

Assets with predeceased beneficiaries or no beneficiary named are assets where a beneficiary was named but died before the owner and no alternate beneficiary is named. This also occurs when the decedent failed to name a beneficiary to assets such as life insurance, retirement accounts, annuities, and 401(k) accounts.

Non-probate assets include assets with named beneficiaries, including payable on death or transfer on death, joint accounts, certain forms of real estate ownership, and items left properly titled to a trust.

Call Probate Lawyer Robert Stiefvater for a free consultation and to discuss your specific probate needs.

If a loved one has died without a will, they are considered intestate. In this situation, the laws of the State of Ohio direct who gets what from the decedent. The law does not make great efforts to protect step-children. Provisions give great deference to the surviving spouse, children, and other lineal descendants.

The law provides for many simple and not so simple situations. What follows are some example provisions from the Ohio Revised Code:

2105.061 Real property subject to monetary charge of surviving spouse.

Except any real property that a surviving spouse elects to receive under section 2106.10 of the Revised Code, the title to real property in an intestate estate shall descend and pass in parcenary to those persons entitled to it under division (B), (C), or (D) of section 2105.06 of the Revised Code, subject to the monetary charge of the surviving spouse. The administrator or executor shall file an application for a certificate of transfer as provided in section 2113.61 of the Revised Code, and the application shall include a statement of the amount of money that remains due and payable to the surviving spouse as found by the probate court. The certificate of transfer ordered by the probate court shall recite that the title to the real property described in the certificate is subject to the monetary charge in favor of the surviving spouse and shall recite the value in dollars of the charge on the title to the real property included in the certificate.

When a loved one dies the entire situation can easily feel overwhelming. Our Probate Attorneys will take the time to answer your questions and keep you informed throughout the probate process. We will handle the legal process so you can focus on the healing process.

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