Brunswick, OH asked in Probate for Ohio

Q: cuyahoga county ohio Probate no will filing to become admin and a bond has been requested

only asset is home and only sibling has no interest in property. Have been advised to do quick claim deed at end but am wondering why not advised to do a disclaimer or renunciation now as would this not require bond?

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1 Lawyer Answer
Andrew Popp
Andrew Popp
  • Probate Lawyer
  • Cuyahoga Falls, OH
  • Licensed in Ohio

A: Disclaimers do not avoid probate. A disclaimer means that the heir who is disclaiming is deemed to have predeceased the person that he or she is inheriting from. The next person set to inherit under Ohio's Rule of descent and distribution would then inherit the property.

I take it that you have already opened probate at this point if the Court is requiring a bond. There may have been different ways to proceed depending on the estate, but it sounds like that ship has already sailed. In short, if the Court requires something, you need to do it.

Otherwise, for a more detailed analysis and recommendation you will need to schedule an appointment with a probate attorney to review your circumstances in detail and advise you.

Best of luck.

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