SUMMIT COUNTY COURT OF COMMON PLEAS - PROBATE DIVISION
JUDGE ELINORE MARSH STORMER

My Loved One Has Passed

My Loved One Has Passed

Jan 9, 2015

When a person dies, some assets automatically transfer to named beneficiaries like life insurance or investment accounts; others can transfer outside of probate, such as joint and survivorship real estate or property recorded to transfer on death. All other property, real or personal, must be transferred through Probate court. This is known as “probating the estate.” Once Probate receives a request to open and administer an estate, the Court appoints a “fiduciary” to handle the affairs of the deceased person. The fiduciary first inventories the decedent’s assets and liabilities to ensure that property is properly collected, managed, and fairly distributed among the creditors and their heirs and/or beneficiaries, according to the directions of the decedent and/or the laws of Ohio. Naming a fiduciary to administer the estate, hiring an attorney, probating the Will, and handling all of the financial responsibilities can be a daunting process. Due to the complexity of the law and the legal issues that may be involved in estate administration, the Court recommends that all fiduciaries seek legal counsel. Good legal advice and guidance can expedite probate and prevent costly errors.   The Value of the Estate’s Assets Determines the Type of Estate Filing The types of estate filing include:   Short Form Release from Administration When the deceased person’s estate is valued at $4,500 or less, and the funeral bill is paid, click on the following Short Form Release from Administration. Instructions for Filing Short Form Release from Administration   Summary Release from Administration When the deceased person’s estate is valued under the lesser of $5,000 or the amount of decedent’s funeral and burial expenses and the applicant has paid the funeral bill (or is obliged in writing to pay the funeral bill), or there is a surviving spouse, assets are under $45,000, and the decedent’s funeral and burial expenses have been prepaid, paid by the surviving spouse (or the spouse is obligated in writing to pay the funeral bill), follow the instructions for a Summary Release from Administration. Instructions for Filing Summary Release from Administration   Release from Administration When there is no surviving spouse and assets are under $35,000 or there is a surviving spouse and assets are...