What Happens in Cincinnati Probate Court?
By Barry Zimmer on November 1st, 2016 in Probate
After a death, there is a good chance that legal proceedings in Cincinnati probate court will become necessary. Unless the deceased had made a comprehensive estate plan to avoid probate, the probate process will be used to distribute the assets that the deceased left behind. The probate process can be complicated, with different requirements depending upon things like the estate size and who inherits.
It is important for those who have lost a loved one to understand what will happen in Cincinnati probate court so they will know what role they must play and what steps they must take to protect their interests.
Executors, in particular need to understand the Ohio probate process and must comply with all requirements imposed upon them by the will and by the law. Those who will inherit from the will may also wish to know what is supposed to happen during probate proceedings so they can ensure the right steps are being taken and their inheritance is protected.
Zimmer Law Firm can provide invaluable assistance throughout the Cincinnati probate process. Our legal team understands what happens in Cincinnati probate court and we work hard to help ensure that the probate process goes as smoothly and quickly as possible. Give us a call at 513.721.1513 to find out more about the ways in which we can help you throughout your involvement with the Cincinnati probate court.
What Happens in Cincinnati Probate Court?
The specifics of what will happen in Cincinnati probate court vary based on many different factors, including whether the deceased left a will, whether that will is contested, or whether intestacy law will apply to determine how the assets of the deceased are distributed.
In general, however, the probate process will begin with the executor of a will filing the right forms to probate the will within the appropriate court. If the deceased owned property in Cincinnati, the probate process will take place in the Hamilton County Probate Court. The forms which must be submitted to this court for estate administration can be found on the Probate Court’s website .
When the forms are submitted, hearings before the probate court will be scheduled. The judge will appoint the executor, who is the person chosen in the deceased’s will, or will appoint an estate administrator. The will, if one exists, will be entered for probate. An opportunity will be provided for the will to be contested. Creditors will have a chance to make claims as well.
The court will determine if the will is valid and should be probated, or will apply intestacy laws. The probate process will move forward, and will end with the executor facilitating the transfer of the assets of the deceased to the new owners, under the direction of the court.
Other steps can sometimes take place, like a guardian being appointed for minor children, and the specific steps in the process can and do vary when there are special circumstances. This is why it is so important to have an attorney guiding you through the steps that will be taken in Cincinnati probate court.
How Can a Cincinnati Probate Lawyer Help You?
A Cincinnati probate lawyer can provide you with invaluable assistance during every step of the probate process. We help you to file the initial paperwork with the court, ensuring you select the right location to file and the right forms to submit. We also provide assistance during all probate hearings in Cincinnati probate court, advising you on what is expected of you and preparing you if you must take the stand to provide testimony.
If you must make motions or pleadings to the court, or must provide an answer to the court, we can guide you through the technical legal processes you may have to take. At every phase, and whatever your role in the probate process, our experienced attorneys are here to offer you the advocacy and legal representation you need to understand probate and to do what is expected of you.
Getting Help from A Cincinnati Probate Attorney
To find out more about the probate process and to get the information you need to decide if you want to try to avoid probate in your estate planning process, you can download our estate planning checklist. You can also give us a call at 513.721.1513 to speak with a member of our legal team for personalized advice on avoiding probate or on fulfilling your role within probate.
Whether you are an executor of a will, a potential heir, or a person who wants to contest a will, knowing what to expect in Cincinnati probate court is essential to protecting your interests and fulfilling the wishes of the deceased. To find out more about how a probate attorney can help you throughout the entirety of the probate process, give us a call at 513.721.1513 today.