One of the most common misconceptions about estate plan is that a will helps protect you from probate court. In fact, a Will is often your one-way ticket to probate. Probate is the process that happens in the court to determine if a Will is valid.
Who is Alerted if Probate is Scheduled?
Several parties will be notified that probate proceedings are taking place. First, anyone listed in the Will as a beneficiary will be contacted. In addition, any potential heirs to the estate will be contacted, including adult children that are not listed in the Will. Lastly, and creditors that the deceased may owe money to will be notified.
The complexity of probate will depend on the size of the estate and who the estate is left to. If minor children are left money or possessions, they will be unable, by law, to take possession. Your Will will have to be probated, and the court will usually designate a supervised Guardianship to protect the inheritance until the child is no longer a minor.
The safest way to avoid probate, which can be costly and emotionally draining to your loved ones, is to enlist the assistance of a qualified Ohio Elder Law Attorney.
