New York, NY asked in Probate for Ohio

Q: How can you transfer title to heirs when property is passed intestate without going through probate in Ohio?

The time to go through probate in this case has passed so I am looking for other options by which to transfer title to the heirs

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2 Lawyer Answers
Andrew Popp
Andrew Popp
  • Probate Lawyer
  • Cuyahoga Falls, OH
  • Licensed in Ohio

A: The answer varies somewhat from state to state. Generally speaking, if probate is passing "intestate" that means that no Will was completed. It gets to the heirs at law through probate and must be approved by the Probate Court. Otherwise, property can pass to another through operation of law, by administration of the title, or where a beneficiary has been designated. Probate is needed in other instances.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: I don't think the time has passed. If there are newly discovered assets then the probate case can be reopened.

You probably don't need to do that. Many counties now provide for an affidavit for transfer and record of real estate inherited that, if there is no will and the heirs are apparent, can be filed with the county recorder's office. Here is Cuyahoga's example.

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