Many people are unfamiliar with the probate process until someone close to them has died. Probate is a legal proceeding that is required when a person dies owning assets in his name alone.  The purpose of probate is to make sure that all of the person’s debts are paid and that the assets that are left are distributed to the beneficiaries named in the person’s will or, if he died without a will, to his heirs.

The person who died is called the decedent.  If the decedent had a will, the court will appoint the person nominated in the will as the executor.  If the decedent died without a will, the person appointed by the court to administer the estate is called an administrator. Executors and administrators have the same duties and are also known as fiduciaries.  The fiduciary will usually hire a probate attorney to assist him, as the process can become very complicated.

The appointment by the probate court gives the executor or administrator the authority and the duty to identify the names an addresses of the decedent’s next of kin and any beneficiaries listed in the decedent’s will, to identify and collect all of the decedent’s assets, collect any monies owed to the decedent, investigate claims against the estate, pay the decedent’s debts and the costs of estate administration out of the estate’s assets, file income tax and estate tax returns, and distribute the remaining assets to the heirs or beneficiaries.

The executor is always subject to the supervision of the probate court.  There are numerous documents that the court will require the executor to file.  These include a list of the decedent’s next of kin and beneficiaries, an inventory of the decedent’s assets, and accountings.

An estate will normally have to remain open for at least six months after the person’s date of death.  This is because creditors are given six months under Ohio law to file claims against the estate.  However, if there is a complicating factor such as a will contest, if the estate is large enough to owe Ohio estate tax, or if there is real estate in the estate that remains unsold, an estate can stay open much longer.

When a person dies, he may leave behind real estate, bank accounts, vehicles, and other assets. If these assets are not owned jointly with rights of survivorship or do not have a named beneficiary, the assets will be considered part of the person’s estate.

The court will appoint an administrator or an executor to administer the estate.  Administrators and executors are also known as fiduciaries.