Q: Ohio jointly owned property willed to wife: need to wait 6 months for transfer,if judge ok'd assets?
A:
If property is owned as "joint with rights of survivorship" it passes to the wife outside of probate with a simple form, and the Will has nothing to do with it. JTROS property is not a probate asset.
If the property is merely "joint" (in Ohio, that means owned as "tenants-in-common"), the deceased husband owns half. It may be controlled by the Will, or the wife may receive it by claiming her statutory allowance. Marriage creates rights in real property, but not necessary the right to 100% of TIC property. It depends on what other assets are in the estate, and the precise wording of the Will.
It sounds like the estate has already been filed, rather than waiting six months for the creditor claim period to expire. You cannot "distribute" estate assets until the court says it is okay, and most courts won't approve until the six months has passed and the Final Account has been filed and approved.
It sounds like you are trying to do this yourself without the assistance of an expert probate attorney, and in doing so have caused yourself unnecessary worry and delay in transferring the house to the wife. If you have an attorney and he or she can't answer this question, you may wish to obtain a second opinion from an expert probate lawyer.
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