Dayton, OH asked in Probate for Ohio

Q: In the state of Ohio if you have a will does the estate need to go through probate court?

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2 Lawyer Answers
Joseph M Braun
Joseph M Braun
Answered
  • Probate Lawyer
  • Hamilton, OH
  • Licensed in Ohio

A: It really depends on the property that needs to be probated. Personal property held by a trust need not go through probate. Real Property that is held as a joint tenancy with rights of survivorship or property previously designated as a transfer on death designation need not go through probate. Banking and other financial accounts termed payable on death or transfer on death need not go through probate. You need to sit down with an attorney and they can advise you whether the estate will need to be fully probated.

Beverly A Stull
Beverly A Stull
Answered
  • Probate Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Whether you need to go thru probate depends on how assets are titled, not whether or not you have a will. Anything that is in the decedent's name alone, without a beneficiary or joint owner and not in a trust, would need to be probated. Contact a probate attorney for guidance.

Kenneth V Zichi agrees with this answer

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