This video will discuss the initial filings phase of probate.
In Ohio, the first thing we need to do is tell the court who are the interested parties and what has happened. A number of forms need to be submitted in addition to a Last Will and Testament. If there is not a Last Will and Testament, there is a process for moving forward without one as well. This is called and intestate estate (we will cover this in another video). But in the initial filings phase we are notifying the court that someone has passed within the county, providing the court with a valid death certificate, and setting forth who the interested parties are i.e. surviving spouse and next of kin.
We need to notify the court of next of kin, provide an original validly executed last will and testament if there is one, ask the court to appoint a fiduciary and secure any bonds needed. A bond is sometimes required where the will does not waive the bond or there is no will and is a form of insurance that protects the beneficiaries/heirs from abuse, waste, or neglect of assets of the estate during the probate process.
The primary objective of the initial filings phase is to notify all interested parties. Anyone who has an interest in the outcome of the estate will be notified during this phase and have a right to be heard. This can involve will contests and also simply putting people on notice that there is a court proceeding taking place in which they have an interest in the outcome.
Pfeiffer Law specializes in Real Estate Law, Business Law, Wills, Probate Law, Estate Planning, and Asset Protection.
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