Estate and Probate Attorney in Cincinnati Ohio » Opening An Estate With a Will

What does an Executor do first?

cmrk-admin — Wed, 30 Nov 2011 16:00:51 +0000

(A Preliminary Executor Checklist for Ohio)

The following are the initial steps an Executor can take to begin the Administrative process:

Gather all records of bank accounts, real estate, personal property, business assets, life insurance, investments, retirement accounts (IRA, 401(k), Roth IRA), and other assets.

Collect all records of utilities, credit card statements, loan information, mortgage records, medical records, and any other debts owned by the deceased.

Request a copy of the homeowner’s insurance and car insurance to confirm coverage is still in place. (Also, review the Homeowner’s insurance to determine if there were any valuable items listed as a scheduled asset such as jewelry or artwork).

Retrieve certified copies of the death certificate. This is typically provided by the funeral home.

Contact a qualified Cincinnati Probate lawyer to advise you on how to proceed with administering the Estate. As an Executor, you have personal liability if a mistake is made with regard to the assets or liabilities.

Appointment of Executor

admin — Tue, 29 Mar 2011 08:35:31 +0000

At the same time as the will is admitted to Probate Court, the executor who is listed in the will is appointed as the executor. Many lawyers have abandoned the gender specific terms of executor applying to a male and an executrix applying to a female. It is now common to just call him or her an executor.

The Probate Court issues the executor “Letters of Authority”. This is an official Court order certified by Probate Court that the person named is the executor of the estate. The executor uses this Letter of Authority to transact business on behalf of the estate. The executor can close bank accounts, sell assets, pay bills, and do all things necessary to administer the estate in accordance with the terms of the will.

Notice to the Heirs

admin — Tue, 29 Mar 2011 08:34:56 +0000

In order to give each beneficiary of the will and the heirs at law the opportunity to contest the will, each has to receive a copy of the will by certified mail or must waive notice in writing. Once all have received notice or waived notice of the filing of the will, the three month will contest period starts. If the will is not contested within this time period, it is valid.

Filing of the Will

admin — Tue, 29 Mar 2011 08:34:17 +0000

The first step to open probate is to file the will. There is a presumption that the will is valid. A list of all of the people named in the will and a list of all of the people who would inherit under Ohio Law if the will was contested and found not to be invalid is also filed with the will. These people have an interest or standing in proving that the will is valid or not depending on which side the heir or potential heir might be on.

To be valid, the will must be:

in writing
testator must be at least 18 years old
testator must be of sound mind and not coerced
signed at the end by the testator
two witnesses must attest the will

As an example, I am a child of the decedent and have been excluded from my dad’s will. I file a will contest, because I believe my dad was not competent at the time he signed his will. If I am successful and the will is thrown out by the Court, then I inherit a share of his estate as an heir at law.