Thinking of adopting? Need a marriage license? Has your loved one passed away leaving assets and/or debts? Has your minor child been bitten by a dog or injured in an automobile accident? Is your elderly loved one no longer able to handle his or her affairs? If you answered yes to any of these questions, then chances are you or your family will be dealing with the probate court.
Responsibility of the Probate Court
The probate court is a division of your county court of common pleas and every county in Ohio has one. Each probate court is comprised of a judge (or judges), magistrates, and deputy clerks, among others. While the general responsibility of the probate court is to oversee the administration of a decedent’s estate, these courts also have jurisdiction over adoptions, name changes, guardianships of adults and minors, as well as involuntary civil mental health commitments. Even marriage licenses are issued through probate court.
When is probate necessary?
Most often people find themselves in probate when a loved one has passed away without a valid Last Will and Testament. Other times a decedent will have a Will, but there are still assets in his/her name. Yes, even if you have a Will probate is still required. The probate court in the county where the decedent was residing at the time of his/her death is responsible for appointing an executor (died with a Will) or administrator (died without a Will). That executor or administrator is responsible for collecting the decedent’s assets, paying any outstanding bills, and distributing the remaining assets to the surviving family members or beneficiaries.
Schedule a Probate Consultation
Sometimes, the probate court is faced with simple and routine cases. Other times, however, the issues are complex and difficult. If your loved one has passed; or if you have a family member that can no longer care for him/herself; or if you’re experiencing any of the circumstances in this article, we would like to talk with you. We have knowledgeable staff who can evaluate your situation. Contact us today or call 877-912-3464 to make an appointment.