A Will Alone Does Not Avoid Probate - Here's Why That Surprises People

Many people believe probate only happens if you don't have a last will and testament. In Ohio, the existence of a will actually requires probate as it guides the probate court in how to handle your estate.

What Is Probate?

Probate is the court-supervised process of managing a deceased person's estate to:

• Validate your will

• Ensure the payment of valid debts

• Appoint guardians for minor children

• Transfer estate assets

• Close the estate

Whether or not you have a will, probate is usually required unless assets pass another way or your estate meets very strict requirements to avoid probate. Assets that are commonly subject to probate include solely owned real estate, bank accounts without beneficiaries, vehicles, and personal property. Certain assets are automatically considered non-probate assets such as assets owned jointly with right of survivorship, payable-on-death accounts, life insurance with designated beneficiaries, and properly funded trusts.

The Impact of Estate Planning on Probate

The probate process is public, time-consuming and emotionally draining for families - and that's often in a best case scenario. When no estate plan exists upon your death, the process can become even more complex, lengthy and particularly expensive. However, probate can be simplified with a proper estate plan including a will that clearly expresses your wishes.

Sometimes people mistakenly believe that their estate will simply qualify for "summary probate" proceedings, which is a quick, simple and cheaper version of probate. However, many estates do not qualify for summary administration based on the ownership of real estate, the value of estate assets, and leaving behind minor children. Careful estate planning can help increase the chance of your estate qualifying for summary administration and ease the burden on your family.

A last will and testament is essential - but remember that it's only one tool in a carefully created estate plan.

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Disclaimer: This blog post is for educational purposes only and does not constitute legal advice. Reading or using this content does not create an attorney-client relationship. Laws vary by situation, and you should consult a qualified Ohio attorney regarding your specific circumstances.