Pickaway County
Probate & Juvenile Court

A Full Estate Administration stands out as the most complex of the three administrative processes. Unlike the other options, it does not impose a limit on the value of probate assets that can be transferred, making it the sole choice for handling large estates. Hiring an attorney experienced in probate court procedures can be helpful in navigating this type of case effectively.

A Full Estate Administration involves several key steps:

1. Filing Paperwork to Open the Estate: This step includes submitting a list of the deceased's next of kin and beneficiaries under the will (if one exists). The original will must be presented to the Court along with an application to admit it to probate.
2. Appointment of an Administrator or Executor: An administrator is appointed when there is no will or no fiduciary named in the will. An executor is designated in the will. Both administrators and executors are fiduciaries accountable to the Probate Court. They have the authority to collect and distribute probate assets, pay claims, and file tax returns.
3. Collection and Inventory of Probate Assets: The executor or administrator must gather all probate assets and file an inventory of these assets. This inventory must be scheduled for a hearing and approved by the Court.
4. Filing Tax Returns and Paying Debts: If necessary, the executor or administrator will file an estate tax return, pay any applicable estate taxes, handle claims, and settle debts of the estate before making the final distribution of the remaining probate assets.
5. Distribution of Assets: The executor or administrator is responsible for distributing the net probate assets to the heirs and beneficiaries of the deceased.
6. Filing a Final Account: A final account must be submitted to the Court, verifying the disbursement of the assets.

Relief from Administration does not require filing an inventory or a final account;

The asset limit for an applicant who is not the surviving spouse is $35,000 if the date of death is after November 9, 1994. If the applicant is the surviving spouse entitled to all probate assets and the date of death is after March 18, 1999, the asset limit is $100,000.

To obtain Relief from Administration, the following steps are required:

1. Provide notice to the next of kin and beneficiaries of the will (if applicable).
2. File an Application to Relieve Estate from Administration, along with notices to or waivers from the next of kin and/or beneficiaries.
3. Submit a list of probate assets and any debts owed by the estate.
4. Appoint a Commissioner responsible for paying debts and distributing assets according to the order relieving the estate from administration.
5. File a Report of Distribution after all distributions are made, including receipts to verify those distributions.

Summary Release from Administration is the simplest form of administration. However, there are limits on the amount of probate assets that can be transferred: $5,000 for a non-spouse applicant and $45,000 for a surviving spouse applicant. Additionally, the applicant must demonstrate that he or she was responsible for paying the deceased’s funeral expenses.

To file for Summary Release from Administration, the following steps are required:

1. Submit an application requesting the transfer of probate assets valued at less than $5,000 (for a non-spouse applicant) or $45,000 (for a surviving spouse applicant). For non-spouse applicants, the amount of the funeral bill must be equal to or greater than the value of the asset to be transferred.
2. Present the funeral bill that indicates the applicant as the individual responsible for paying it.

What to Bring to Probate Court

When filing for any type of probate procedure, make sure to bring the following items to Probate Court: - Death certificate, Original will (if applicable) - Filing fee - Names and addresses of all next of kin and any individuals or entities named in the will - Funeral bill - Bank account numbers and stock certificate numbers.

Last Will and Testament

A last will and testament is a legal document that outlines the wishes and instructions of the testator (the person making the will) regarding how their property will be distributed after their death. The will can also appoint an individual or institution to act as the testator's fiduciary and specify the powers granted to this fiduciary to carry out the testator’s wishes.

Requirements for a Valid Will

To create a valid will, the testator must be at least 18 years old and possess sufficient mental capacity and memory, referred to as "testamentary capacity." According to Ohio law, a will can be either handwritten or typewritten. It must be signed by the testator and witnessed by at least two individuals who are also at least 18 years old. If there are only two witnesses and one of them receives a gift under the will, that gift will be considered void.

Revoking a Will

A testator can revoke a will by tearing, canceling, obliterating, or destroying it with the intention to revoke. The clearest method of revoking a will is to create a new will that explicitly states that the previous will is revoked.

Divorce and a Will

If a testator goes through a divorce or enters into a separation agreement after creating a will, any provisions in the will that pertain to the former spouse are revoked unless the will specifically states otherwise. Additionally, any nomination of the former spouse as fiduciary is also revoked.

Dying Without a Will

If a person dies without a will, their property will be distributed according to laws known as the Statute of Descent and Distribution. Property will typically pass to the decedent's surviving spouse or relatives, depending on who survives the decedent. If the testator wishes to leave property to non-family members or charities, having a will is essential.

Where to Store Your Will

Common options for storing an executed will include a safe deposit box or a household fireproof safe. Alternatively, one can deposit the will with the probate court for safekeeping. A will deposited with the court can be accessed by the maker or their designated representative, according to the law. It remains sealed until it is offered for probate upon the testator's death. At that time, it may only be delivered to the estate representative. Note that there is a $25.00 fee for depositing a will with the court.

When to Consider Changing Your Will

It is advisable to revise your will after any significant personal or family change, such as the birth of a child or a divorce. Changes can be made using a codicil, which alters only a portion of the will, or by executing a new will, which revokes the previous one.