Probate Without a Will: How Does It Work?

Did you know that nearly two-thirds of adults die without a will? While it may seem like writing a will is something you can put off, dying without one can significantly complicate the probate process and create unforeseen challenges for your loved ones. In this post, Gertz & Rosen, Ltd. will discuss the consequences of dying without a will in Ohio, outline the probate process in such cases, and highlight the potential hardships this can impose on the people you love.  

Probate Without a Will in Ohio

The probate process without a will, often called “intestate probate,” is generally more complicated and time-consuming than probate with a will. Without a will, the court is heavily involved in every step, starting with appointing an administrator or executor to oversee the deceased person’s estate. This individual is typically a close family member or friend, but if no suitable or willing candidates are available, the court may appoint an impartial party, such as a public administrator.

Once appointed, the administrator’s first responsibility is to locate all of the deceased person’s assets and debts. This requires a thorough and often challenging search, particularly if the deceased had multiple assets spread across different locations or were not well-organized. The administrator must then compile an inventory of these assets and submit it to the court for approval.

With a will, the testator (the person who made the will) usually provides clear instructions on how assets should be distributed, which can streamline the process significantly. In contrast, without a will, the distribution of assets follows state intestacy laws, which can be more complex. For example, in Ohio, the estate is distributed according to a set hierarchy of heirs, which may include a surviving spouse, children, parents, and siblings. This statutory distribution can lead to disputes among potential heirs and complicate the administration process.

After the court approves the inventory, the administrator must ensure that all debts and taxes of the deceased are paid. This step can be particularly onerous, as it requires careful documentation and often involves negotiations with creditors. Only after all debts and taxes have been settled can the remaining assets be distributed to the heirs.

Additionally, the absence of a will can lead to further complications, such as difficulty in identifying all potential heirs or disputes over the valuation of certain assets. These issues can drag out the probate process, often extending it to several months or even years, depending on the complexity of the estate.

Potential Hardships for Loved Ones

Aside from the legal complexities, dying without a will can also impose significant financial and emotional hardships on your loved ones. Without a clearly defined estate plan, your assets may be distributed in ways that do not align with your wishes or inadvertently cause strain among family members.

Moreover, the extended probate process may also lead to financial difficulties for those left behind. For example, if the deceased was the primary breadwinner of their family, delays in receiving their inheritance could leave loved ones struggling to make ends meet.

Emotionally, dying without a will can create uncertainty and conflict among potential heirs. In some cases, this can lead to estrangement between family members or even costly legal battles over who is entitled to what portion of the estate.

Take Action Now

The best way to avoid these potential hardships and ensure your final wishes are carried out is by creating a will with the help of an experienced probate attorney. A will provides clear instructions for how you want your assets to be distributed, who should handle your affairs after your death, and any other specific requests or gifts you may have.

If you do not have a will in place, it is never too late to create one. Contact our team at Gertz & Rosen, Ltd. to schedule a consultation and secure your legacy. Don’t leave things up to chance – take control of your estate planning now.