Estate and Probate Attorney in Cincinnati Ohio » hearing http://www.ohioprobateanswers.com Cincinnati Probate Attorneys: Elliott Stapleton, D. Todd Rush, and John Cornetet Thu, 05 Jan 2017 20:48:57 +0000 en-US hourly 1 https://wordpress.org/?v=4.2.39 Who can serve as Administrator and Guardian if no Will http://www.ohioprobateanswers.com/opening-estates-without-wills/who-can-serve-as-administrator-and-guardian-if-no-will/ http://www.ohioprobateanswers.com/opening-estates-without-wills/who-can-serve-as-administrator-and-guardian-if-no-will/#comments Tue, 29 Mar 2011 08:36:53 +0000 http://032b5f3.netsolhost.com/wordpress/?p=64 Read more]]> The Probate Court would select the administrator of your estate and guardian’s for any of your minor children.  Somebody from your family or otherwise would apply to be appointed the administrator of your estate.  The Probate Court would have a hearing to determine the worthiness and capabilities of the applicant.  If all of the heirs consent to the appointment, then a hearing is not needed.  If two or more people apply, then the Probate Court will have a hearing to determine which administrator is more capable.

The administrator must be from the State of Ohio.

This basic process is the same for the selection of the guardians for the minor children.  A guardian must be a resident of the State of Ohio and also a resident of the county where the ward resides.  There are four exceptions to this rule:

  • The guardian is named in the will
  • The guardian is selected by a minor who is over age 14
  • The guardian is named in a power of attorney
]]> http://www.ohioprobateanswers.com/opening-estates-without-wills/who-can-serve-as-administrator-and-guardian-if-no-will/feed/ 0 How is an Estate opened if there is no Will http://www.ohioprobateanswers.com/opening-estates-without-wills/how-is-an-estate-opened-if-there-is-no-will/ http://www.ohioprobateanswers.com/opening-estates-without-wills/how-is-an-estate-opened-if-there-is-no-will/#comments Tue, 29 Mar 2011 08:36:07 +0000 http://032b5f3.netsolhost.com/wordpress/?p=62 Read more]]> Someone files an application to open an estate without a will and to be appointed as the administrator of the estate.  This is typically a spouse, child, or other family member.  In some cases it is an attorney applying to be the administrator of an estate.

The matter is set for a hearing.  Everyone who is an heir at law would receive notice by certified mail or waives notice.  For example, if a dad died, the heirs at law would be all of his natural and adopted children.

If all of the heirs consent to the appointment of the administrator, then the hearing is not necessary and the Court will appoint that person.  The Court will conduct a hearing to determine the suitability of the applicant to serve as administrator or pick one if two or more apply to serve as the administrator.

If you would like a free consultation, contact us with questions.

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