Probate & Trust
Administration
Guiding families through the legal process after losing someone you love.
Losing a loved one is hard enough without navigating complex legal proceedings, court deadlines, and financial decisions. Probate and trust administration are the legal processes for transferring assets after someone dies - and they can be overwhelming when you're grieving. We help families through these difficult transitions with clarity, compassion, and practical guidance so you can focus on what matters: honoring your loved one and supporting each other.
What Probate Actually Is
Probate is the court-supervised process of transferring a deceased person's assets to their heirs or beneficiaries. It involves:
Opening the estate in probate court
Appointing an executor (if there's a will) or administrator (if there's no will)
Inventorying assets - real estate, bank accounts, investments, personal property
Paying debts and taxes - creditor claims, final tax returns, estate taxes if applicable
Distributing assets to beneficiaries according to the will (or Ohio law if no will)
Closing the estate after everything is settled
Timeline: Probate typically takes 9-18 months in Ohio, though complex estates can take longer.
Cost: Court fees, legal fees, appraisal costs, and executor compensation - often 3-7% of the estate value.
Important: Not all assets go through probate. Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts) and jointly-owned property typically transfer outside of probate.
What Trust Administration Is
Trust administration is the process of managing and distributing assets held in a trust after the person who created it (the grantor) dies. Unlike probate, trust administration:
Happens privately - no court involvement unless there's a dispute
Moves faster - typically 6-12 months instead of 12-18+ months
Costs less - no court fees, fewer legal costs
Avoids public record - probate is public, trust administration is private
The trustee's job:
Gather trust assets
Notify beneficiaries
Pay debts, taxes, and expenses
Manage investments during administration
Distribute assets according to trust terms
Provide accounting to beneficiaries
The advantage: If your loved one had a properly funded trust, you avoid probate entirely. But trust administration still requires careful attention to legal requirements, tax filings, and beneficiary rights.
When You Need Probate
Your Loved One has Assets that Do NOT have a Beneficiary or Survivorship Interest
Real estate, bank accounts, vehicles, or investments titled only in the deceased's name without a beneficiary typically require probate to transfer to heirs. Litigation settlements, wrongful death or personal injury lawsuits, and other similar matters have to go through Probate.
There Are Disputes or Complications
Beneficiaries disagree about asset distribution
Someone contests the will's validity
Creditors file claims against the estate
The executor or trustee isn't fulfilling their duties
Assets can't be located or valued
The Probate Process in Ohio
Step 1: Notify Interested Parties
Do the leg work of searching through the decedent’s papers, accounts, assets, and liabilities to determine what needs to go through probate and what doesn’t need to go through probate. Give notice to the next of kin and beneficiaries
Step 2: File with Probate Court
Open the estate in the county where the deceased lived. File the death certificate, will (if any), and application to appoint an executor or administrator.
Step 3: Get Appointed as Fiduciary
The court issues "Letters of Authority" - the court order that gives you power to act on behalf of the estate. Without this, you can't access accounts, sell property, or distribute assets.
Note: This can take as little as 2 weeks, but as long as 8-12 weeks due to Court systems and backlogs.
Step 4: Inventory and Appraise Assets
File a detailed inventory with the court listing all assets and their values as of the date of death. Real estate may require professional appraisal.
Deadline: 3 months from appointment (can be extended)
Step 5: Pay Debts, Taxes, and Expenses
File final income tax return
File estate tax return if estate exceeds exemption ($13.61 million federally for 2024)
Pay valid creditor claims
Pay funeral expenses, estate administration costs
Creditor claim period: 6 months from the date of death
Step 6: Final Accounting & Distribute Assets
Once debts are paid and the claim period has passed, distribute assets to beneficiaries according to the will or Ohio intestacy law. File final accounting with the court showing all assets collected, debts paid, and distributions made. Once approved, the estate is officially closed.
Timeline: As soon as 6 months, but more commonly 9 to 18 months from start to finish, depending on complexity and court backlog.
Trust Administration Process
Step 1: Notify Beneficiaries
The successor trustee must notify all beneficiaries that the trust now exists and they have rights to information and accounting.
Timeline: Within 30-60 days of the grantor's death
Step 2: Gather and Inventory Trust Assets
Identify all assets held in the trust:
Real estate titled in trust name
Financial accounts funded into the trust
Business interests
Personal property
Get valuations as of date of death - needed for tax purposes and distribution.
Step 3: Manage Assets During Administration
The trustee has a fiduciary duty to:
Preserve and protect trust assets
Invest prudently
Avoid conflicts of interest
Keep beneficiaries reasonably informed
Step 4: Pay Debts and Taxes
File final income tax return for the deceased
File trust income tax return
File estate tax return if required
Pay valid creditor claims
Pay trust expenses
Step 5: Distribute Assets
Follow the trust terms exactly:
Specific bequests first (jewelry to daughter, car to son)
Then residuary distribution (remainder split among beneficiaries)
Timing may be immediate or staggered (age-based distributions, etc.)
Step 6: Provide Final Accounting
Although court approval isn't required, trustees should provide detailed accounting to beneficiaries showing:
Assets received
Income earned
Expenses and taxes paid
Distributions made
This protects the trustee from future claims.
Step 7: Distribute Remaining Assets and Close Trust
After final distributions, obtain releases from beneficiaries (if possible) and close trust accounts.
Timeline: Typically 3-6 months, faster than probate
How We Help Families Through This Process
We Translate Legal Process into Clear Steps
Probate and trust administration have specific legal requirements, deadlines, and court procedures. We explain what needs to happen, when, and why - in language you can actually understand.
We Handle the Legal Heavy Lifting
Prepare and file all court documents
Navigate Franklin County's e-filing system
Communicate with beneficiaries on your behalf
Handle creditor claims and disputes
Prepare tax returns or coordinate with accountants
Transfer assets properly
We Protect Fiduciaries From Liability
As executor or trustee, you have legal duties. Mistakes can make you personally liable. We help you fulfill your duties properly and document everything to protect you from future claims.
We Help Families Stay Out of Court (When Possible)
Not every disagreement needs litigation. We mediate disputes, facilitate communication, and help families find solutions that avoid expensive court battles.
We Move as Fast as Possible
We know you want this process done so you can move forward. We work efficiently to close estates and trusts as quickly as possible while still protecting everyone's rights.
What Probate & Trust Administration Cost
Probate costs typically include:
Court filing fees ($200-500)
Legal fees (often $3,000-15,000+ depending on complexity)
Appraisal fees (if real estate needs valuation)
Accounting fees (if estate or trust tax returns required)
Executor/trustee compensation (Ohio law allows reasonable fees)
Publication costs for creditor notice
Trust administration costs typically include:
Legal fees ($2,000-10,000+ depending on complexity)
Accounting fees for tax returns
Trustee compensation (if taking fees)
Asset transfer costs
Our fees depend on complexity:
Simple estate, cooperative family, few assets: lower end
Complex assets, disputes, tax issues: higher end
We provide transparent estimates upfront and bill fairly for actual work done.
Probate & Trust Administration FAQs
Q: How long does probate take in Ohio?
A: Typically 6-12 months from opening to closing. Simple estates can be faster; complex estates or disputes take longer
Q: Can I avoid probate?
A: If the deceased had a properly funded trust, payable-on-death designations, or jointly-owned assets, transfer on death designations, those transfer outside probate. But assets in the deceased's name alone typically require probate.
Q: What if there's no will?
A: Ohio's intestacy laws determine who inherits. Generally, spouse and children inherit, but specific distribution depends on family structure. The court appoints an administrator to manage the estate.
Q: Do I need a lawyer for probate?
A: Ohio doesn't legally require it, but probate involves court deadlines, legal filings, creditor claims, and fiduciary duties. Mistakes can cost the estate money or make you personally liable. Most executors hire attorneys.
Q: What does an executor/trustee actually do?
A: You're responsible for gathering assets, paying debts and taxes, communicating with beneficiaries, managing assets during administration, and distributing according to the will or trust. You have a legal duty to act in beneficiaries' best interests.
Q: Can I be removed as executor/trustee?
A: Yes, if you're not fulfilling your duties, beneficiaries can petition the court to remove you. This is why proper administration and documentation matter.
Q: What if beneficiaries disagree?
A: We help mediate disputes and find solutions. If mediation fails, the court can resolve disputes - but litigation is expensive and should be a last resort.
Q: How do I transfer real estate out of a deceased person's name?
A: Depends on how it was titled. Jointly-owned property may transfer automatically. Property in deceased's name alone typically requires probate or trust administration. Transfer-on-death deeds allow direct transfer without court.
Ready to Move Forward?
Losing someone you love is hard enough. We'll guide you through the legal process with compassion and clarity so you can focus on family. Whether you're opening an estate, administering a trust, or facing complications, we'll help you understand what needs to happen and handle it properly.