How to decide if you need to open an estate in Ohio

You’ve made the right choice by contacting Littlejohn Law. You may be wondering if you even need to go through Probate.

Our Probate Promise is to make the Probate experience as hassle and stress free as possible and to fight only when it’s necessary to honor your loved one’s wishes.

The Ohio Revised Code offers a streamlined Probate Process for Surviving Spouses and Estates with less than $35,000.00 of assets. Again, there are very strict guidelines to determine if an Estate qualifies for the streamlined process including size of the estate, type of asset, and the status of the beneficiary, which is why we suggest that you schedule a consultation.

So, do you need to open up an estate with the Probate Court?

If you can answer No to all of the of the following questions then you DO NOT need to proceed with Probate Court in Ohio:

  1. Did your loved one own real estate in Ohio?
  2. Is the real estate titled in your loved one’s name only?
  3. Did your loved one have a bank account?
  4. Was the bank account titled in your loved one’s name only?
  5. Did your loved one have a vehicle (car, boat, motorcycle, truck, etc.)?
  6. Was your loved one’s vehicle titled in their name only?
  7. Did your loved one have a Will?
  8. Are you the next of kin?
  9. Did a Third Party (bank, insurance company, etc.) tell you that you needed to open an estate?
  10. Do you have checks made payable to your loved one’s estate?
  11. Does your loved one’s assets exceed $35,000.00?
  12. Are you the surviving spouse?

If you answered YES to any of the questions above, then you may need to open an estate. Remember to qualify for the streamlined probate process you need to be either of the following:

  1. A Surviving Spouse with a gross estate of $100,000.00 or less.  OR
  2. A next of kin with a gross estate of less than $35,000.00.

Littlejohn Law can help you navigate Probate Court in Ohio

We can help you navigate the Probate Court process and minimize the debts paid out of the estate to close out your loved one’s affairs. Schedule a time to speak to a member of our team today. 

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