Defiance, OH asked in Estate Planning for Ohio

Q: My father recently passed away with no will.Just my sister and i. Next steps in regard to estate? Ohio

My father passed away a week ago. He didn't have a will or anybody appointed to take care of his estate. He had no life insurance either. It's just my sister and I and we are on the same page with everything. Just wondering about next steps legally for his estate. He had a little credit card debt but not much. We just aren't sure when we can do anything with his possessions.

I live in Ohio. Estate was rather small. He lived on a small social security check for the last several years. No investment accounts, small bank account.

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3 Lawyer Answers
Moshe Toron Esq
Moshe Toron Esq
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: We would first need to know more information.

1) How large is his estate?

2) Do either of you live in Ohio?

C. Lawrence Huddleston III agrees with this answer

1 user found this answer helpful

C. Lawrence Huddleston III
C. Lawrence Huddleston III
Answered
  • Estate Planning Lawyer
  • Columbus, OH
  • Licensed in Ohio

A: You will need to use the probate court. If the estate is small enough, there is an abbreviated process available. If you can wait 6 months you can avoid small creditor claims. I suggest you start by gathering all the asset information and consulting with an expert probate lawyer so you will understand the process options.

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

A: It depends on whether your father had any probate property - property without a beneficiary, without a joint owner, and not in trust. If the bank account was in his name only, you will need to open an estate in probate court. Depending on the size of the probate assets, you may be able to do a small estate, either a Summary Release or a Relief from Administration. Depending on the county where you dad resided, the probate court may assist you with the forms needed, or you may want to consult with a probate attorney for advice. Forms and instructions are usually available online. Small estates typically involve just a few forms that, once approved by the court, you use to transfer the assets.

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