When someone dies, the family's first question is often whether they need to open a probate case. The answer depends less on the size of the estate than on how each asset was titled.
Assets that pass outside probate
- Life insurance, annuities and retirement accounts with a named beneficiary
- Bank and investment accounts with a payable on death or transfer on death designation
- Real estate covered by a recorded Transfer on Death Designation Affidavit
- Property held jointly with a right of survivorship
- Assets already held in a living trust
Assets in the deceased person's sole name with no beneficiary are probate assets. Those are the assets that require the probate court's involvement before they can be transferred.
Simpler options for smaller estates
Ohio does not require a full administration in every case. Smaller estates may qualify for a release from administration, a shorter procedure with fewer filings. The dollar limits are set by statute and change from time to time, so it is worth checking the current figures before deciding how to proceed. Ohio also has simplified procedures that let a surviving spouse transfer vehicles and certain other assets.
Before you distribute anything
- Locate the original will, if there is one. Ohio law requires the person holding it to deliver it to the probate court.
- Order several certified copies of the death certificate.
- List every asset and how it was titled, and every known debt.
- Do not pay creditors or hand out property until you know whether an estate must be opened. Creditors generally have six months from the date of death to present claims.
Estates of Butler County residents are handled by the Butler County Probate Court in Hamilton. We regularly represent executors and administrators there, from short releases to full administrations, and we are glad to tell you which path your family's situation calls for.