Q: Elderly parent recently died, had will. Understand all cases are different, but how long does probate usually take?
A: You are correct that all probate estate cases are different. In Ohio, depending on the nature of the estate, it is possible to obtain a release from administration if the value of the estate assets is small, you can check the county probate court guidelines to learn more. Otherwise, most probate estate cases take anywhere from 6 months to a couple of years. A lot depends on the size and complexity of the case, including creditors of the decedent, and how efficiently the executor works. Another factor to consider is whether or not the estate has real estate to be sold. You should consult with a local probate estate attorney.
A: It depends on the size of the estate and the assets that must be transferred. The will must be submitted to the probate court, the court must appoint an executor, who must inventory the estate assets and submit that to the court, and then the court must approve distributions, and the executor submits a final accounting for court approval. At a minimum, the process can take a couple months. If the estate is small, there are simplified probate filings that can be a bit quicker. For larger estates, or if there are family disputes, it can be over a year.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
