How Long Does it Take to Probate an Estate in Ohio?

When people ask me about probating the estate of a loved one in Ohio, one of the first questions they usually ask is "How long does probate take?" The answer is, "It depends."

The length of time it takes to probate an estate in Ohio depends on a number of factors, such as how complex the estate is, whether the person died with a Will, and whether there is a Will contest.

How complex is the estate?

The length of time it takes to probate an estate depends on the complexity of the estate. For example, if the estate is relatively small, the person died testate (with a Will), and there are only a few heirs who are all on the same page, the probate process usually goes quickly and can be finished in 6 to 9 months. This is usually the shortest amount of time it takes to probate an estate, because creditors have up to 6 months after the person dies to present claims against the estate, and estate taxes, if they are due, are filed 9 months after death. When there are large debts such as credit cards or medical bills, I recommend waiting 6 months to open an Estate. After 6 months, if a creditor has not presented a claim, it doesn't have to be paid, often resulting in large benefits to the heirs.

A larger, more complex estate can take longer. For example, if someone owns property in different states, has complex investment holdings, is a business owner, and has a large art collection, the probate process can take between 1 and 2 years. Probating this person's estate may require hiring multiple experts, such as a CPA, a financial planner, a tax attorney, a business valuation expert, and a real estate appraiser. It may be required to hire someone to appraise the art collection, and any expensive jewelry or heirloom furniture which do not have readily apparent values. Finding the proper experts and giving them time to do their job properly adds to the total amount of time it takes to probate the estate.

For smaller estates, an attorney can seek to have the estate "released from administration." If the total value of the estate is less than $100,000 and it all goes to a surviving spouse, or the assets are $35,000 or less and go to other beneficiaries, your attorney may file for a Release from Administration, asking the probate judge to forego administration of the estate. If the value of the estate is less than $5,000, a Summary Release from Administration may be appropriate. As with all probate matters, I recommend consulting with an Ohio probate attorney. When filing a release from administration, it is important to make sure that all assets are included.

Did the person die with or without a Will?

Another factor that can impact the amount of time it takes to probate an estate is whether the person died with a Will (testate) or without a Will (intestate). When someone dies without a Will, it can take additional time for the court to decide who should be appointed as the estate Administrator, who must be bonded (insured) in the amount of twice the assets. People with bad credit or criminal records frequently cannot be bonded, and so the Attorney can apply to administer the estate. Also, the heirs may disagree about the last wishes of the person who died. when someone dies without a Will, it is wise to hire an Ohio probate attorney to make sure the process goes as smoothly as possible.

Is there a Will Contest?

If there is a Will, we recommend that the person appointed as Executor of the Estate hire an Ohio probate attorney to have the Will admitted to probate. If all of the heirs are in agreement, each of them can sign a Waiver of Notice of Probate acknowledging that the Will is being admitted to probate and that they are not contesting the probate hearing or the appointment of the Executor. However, even if there is a Will, the heirs might not all agree. For example, someone might challenge the validity of the Will, or whether the Will maker had capacity to make the Will.

If any of the heirs challenge the Will, this will add to the amount of time it takes to probate the estate. The court will schedule a hearing to address the concerns of the heirs and, ultimately, resolve the issues.

Contact Me Today With Questions

If you have questions about probating an estate in Ohio, or need to hire an experienced Columbus, Ohio probate attorney, contact us today at Wolfe Legal Services. I work with people throughout the greater Columbus area, including Dublin, Bexley, Upper Arlington, Marysville, Hilliard, Delaware and Newark, and throughout Franklin County, Delaware County, Union, and Licking County. Call (614) 263-5297 any time or complete our online form.