If my mother died intestate, what happens when her estate goes into probate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my mother died intestate, what happens when her estate goes into probate?

Asked on December 9, 2012 under Estate Planning, Ohio

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 12 years ago | Contributor

This is a very broad question.  The first step is to determine whether probate is necessary at all.  Did your mother leave assets that were titled in her name?  If so, title must be transferred and probate is the method.

If your mother named a beneficiary on an asset (including a pay on death bank account), that asset will be paid directly to the beneficiary without the need for probate.

If your mother died with a few assets titled in her name, her estate may be relieved from probate administration under Ohio law.  The specific provisions of this depend on the value of her assets and her survivors.  If your mother had less than $35,000 in assets, or less than $100,000 in assets and a surviving spouse, the estate may be relieved from administration.  The local probate court can probably help you find out if her estate is eligible.

If your mother died with significant assets titled in her name, then you will have to open a probate estate.  I would not recommend attempting this on your own.  You should hire a lawyer.

In general, the steps for probate are:  petition to open probate & appoint a personal representative/administrator (folks can fight about this if they want to pay the cost of doing it), the administrator gathers & accounts for the deceased person's assets, the administrator researches & pays the deceased person's debts out of the decedent's assets, the administrator divides & distributes the remaining assets according to Ohio law, the administrator closes the estate.   The administrator and the lawyer are entitled to be paid from estate assets.

I trust this answers your question.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption