Can an Interested Party Probate an Estate in Ohio?
When a person who owns property dies, his estate will likely go through the probate process. If the decedent left a will, a person in possession of the will must admit that will to probate. Otherwise, the decedent’s estate will be distributed via intestate succession. An interested party has a stake in the outcome of the probate of an estate, and any interested party who has reached the age of majority can probate an estate in Ohio.
Other People Are Reading
-
Probating the Estate
-
If a decedent’s estate proceeds through the probate process, the probate court will authorize a personal representative to act on behalf of the decedent’s estate. The personal representative has a duty to take possession and control of the property of the decedent’s estate. He will use this property to pay debts levied against the decedent’s estate. Finally, he will distribute the property remaining in the estate to the beneficiaries of the estate.
The Personal Representative
-
The Ohio probate court recognizes two types of personal representatives: the executor and the administrator. If a decedent died and left a will, he more than likely appointed an executor to act as his estate‘s personal representative. If the appointed executor cannot perform his duties for whatever reason or if the decedent did not appoint an executor, the probate court will appoint an administrator to serve as a personal representative. If the decedent died without a will, the probate court will also appoint an administrator to administer the decedent’s estate.
-
Administering the Estate
-
Ohio law states that letters of administration, which authorize the personal representative to act on behalf of the estate, shall be granted to a suitable person named in the decedent’s will. Therefore, a person with an interest in the will can probate a decedent’s estate in Ohio. The law provides an exception to this rule in the case that the decedent indicated that a certain interested party may not serve as the administrator of his estate.
Interested Parties
-
Ohio law specifically provides that the following people who may be interested parties can probate the decedent’s estate: the decedent’s surviving spouse, if the spouse is a resident of Ohio and the decedent’s next of kin, if the next of kin is a resident of Ohio. More than likely the surviving spouse and the next of kin will take under the will or be a beneficiary of the estate through the laws of intestate succession, rendering them interested parties. When the probate court has ascertained who will be the estate’s personal representative, the court will issue letters testamentary or letters of administration authorizing that person to administer the estate.
-
