Going through probate after the loss of a loved one can be devastating and emotionally draining. But you don’t have to go through it alone.
Losing someone you love is never easy. It takes a lot of inner strength to make final arrangements after a family member passes away.
This involves filing appropriate forms, collecting piles of paperwork, and trying to make sense of the legalities of settling your loved one’s estate. All of that can be too much to handle during your time of grief.
But you don’t have to handle these things on your own. You can hire a probate lawyer to assist you with winding up your loved one’s affairs so you can focus on processing your loss. At Linn Legal, our probate attorney is committed to providing compassionate service to clients.
If you are interested in our probate law services, reach out to our office in Cincinnati to schedule your free initial consultation. Call 513-426-9443 or fill out this contact form.
Overview of Our Probate Law Services
Linn Legal is a law firm with an office in Cincinnati, Ohio, that provides probate law, estate planning, real estate, and business law services. The firm is headed by Douglas Linn, who has earned a solid reputation for his integrity, competence, and professionalism in probate matters.
Our probate attorney can help unload the burden off your shoulders. We won’t simply guide you through probate procedures—we will attend to all the hard work for you. Our probate law services include but are not limited to:
- Probate litigation: If there are any disputes regarding the decedent’s capacity, the validity of the will, appraisal or distribution of assets, or any other matters, we can bring your case to court and represent you.
- Estate and trust administration: If you have been appointed as the executor or personal representative of an estate or trust, we can help you fulfill your responsibilities and comply with applicable laws.
- Breach of fiduciary duty: If you suspect that the executor or personal representative has breached their fiduciary duty, we can bring action on your behalf. We also defend fiduciaries accused or sued for breach.
We also assist individuals and families with various probate matters, including identifying their loved one’s estate assets, ordering property appraisals, paying estate and income taxes, settling debts, preparing and filing court documents, and making final distributions to beneficiaries.
We have handled hundreds of probate cases and have accumulated unmatched experience in resolving a variety of legal issues that may arise during the probate process.
Types of Probate
Probate is a legal process that takes place after someone dies. This process involves settling the deceased person’s financial affairs and distributing their assets to rightful heirs. The purpose of probate is different depending on whether the decedent had a Last Will and Testament:
- If there is a will, the purpose of the probate process is to prove the authenticity and validity of the document before the wishes stated in it are executed; or
- If there is no will, the probate court must apply the state’s laws of intestate succession to distribute the deceased person’s assets to rightful heirs.
Ohio recognizes three types of estate that are filed in probate courts:
- Full estate: The estate is worth at least $35,000 with no surviving spouse or at least $100,000 with a surviving spouse;
- Relief from administration: The estate is worth less than $35,000 with no surviving spouse or less than $100,000 when the surviving spouse is entitled to inherit all assets; and
- Summary release from administration: The estate is worth less than $5,000 or the surviving spouse is entitled to 100% of the family allowance with funeral and burial expenses prepaid or the surviving spouse obligation in writing to pay the expenses.
If you aren’t sure which type of probate applies to your specific situation, consider talking to a probate lawyer. Our Cincinnati probate attorney at Linn Legal can evaluate your situation and provide the guidance you need.
The Probate Process
The probate process follows a series of steps before the decedent’s estate is closed:
- Appointment of the estate administrator or executor of the estate;
- Validation of the will (if there is any);
- Identification, inventory, and appraisal of the decedent’s assets;
- Notification of creditors;
- Payment of debts and taxes; and
- Distribution of the remaining assets in the estate to beneficiaries.
Whether your probate is a routine matter or something more complex, our lawyer at Linn Legal can walk you through each step of the process.
Probate Law Firm FAQs
Understandably, those who are left behind after their loved one dies will have a lot of questions about probate. Here are some of the most frequently asked questions:
What is probate?
Probate is a court-supervised process of distributing a deceased person’s estate after their passing. The process deals with the deceased person’s property and debts in accordance with the wishes stated in their Last Will and Testament (if they had one) and Ohio statutes.
What are the most common probate problems?
While problems that may arise during the probate process vary from one estate to another, some of the most common ones include:
- No one wants to serve as the estate administrator
- The executor is not available to fulfill their duties
- There are multiple candidates for the estate administrator’s role
- Disputes over the validity of the will or its contents
- Disputes over the value of the estate or specific assets
- Disputes over the distribution of the decedent’s assets
If you were appointed as the estate administrator or executor, a probate attorney can help you develop a proactive strategy to address any existing or possible problems during the probate process.
What is the probate process?
The probate process begins with the court validating the decedent’s will (if they left one) and concludes with the distribution of the estate’s assets to beneficiaries. In between these two stages, the executor or estate administrator must locate all the assets of the deceased, determine the value of assets on the date of death, identify and inform creditors, and pay debts and taxes.
What is the difference between a will and a probate?
While these two terms both relate to the matter of death, they mean two different things. A will is a document that records what should happen to a person’s assets after their death and includes their wishes regarding the appointment of the executor and guardians for minor children.
Probate, on the other hand, is the process of managing and distributing assets left by the deceased person according to their wishes outlined in the will or the state’s laws of intestate succession.
How much does probate cost?
The cost of probate can be quite high. Depending on the estate’s size and complexity, the average cost ranges from $1,000 to $4,000 and higher. In Ohio, court filing fees alone are anywhere from $100 to $300. Any disputes can further increase the cost.
Do I need a lawyer for probate?
While there is no law that would require you to hire a probate lawyer, you might want to consider hiring one, especially if:
- You were appointed as the executor or estate administration and need to help to fulfill your responsibilities;
- Your loved one’s estate is large and complex; or
- Any disputes or problems arise during the probate process.
In any of these situations, our attorney at Linn Legal can provide you with the guidance you need.
Who can file probate?
After someone dies, the executor named in the decedent’s will is responsible for filing the document with the probate court. If there is no will, the probate court will appoint the estate administrator to initiate the probate process. Under Ohio Revised Code § 2113.06, the surviving spouse has first priority to serve as the administrator.
Speak with a Probate Lawyer in Cincinnati Today
If you need help with your probate matter in Cincinnati, our probate attorney at Linn Legal can help. We understand that during the time of grief, you may not have the mental space to deal with all this yourself. That’s why we strive to ease your burdens by handling all aspects of the probate process for you. Call 513-426-9443 or complete our contact form to schedule a free, no-obligation consultation.
