Do need to go through probate?
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Do need to go through probate?
My husband died on February 5th, we both had a lawyer
draw up simple wills for both of us. Do I need to file papers
or something ? I live in Ohio.
Asked on March 1, 2018 under Estate Planning, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You'll need to enter his Will for probate at the appropriate probate court (i.e. the one in the county in which your husband was domiciled as the time of his death). However, if his assets were under a certain amount, you may be able to forgo a formal (and more expensive and time consuming) probate and qualify for a "small estate" probate. Here are links to 2 sites that you may find to be of help:
https://www.legalconsumer.com/inheritancelaw/topic.php?TopicID=7&ST=OH
https://www.supremecourt.ohio.gov/LegalResources/Rules/superintendence/probate_forms/
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