Legal Question in Wills and Trusts in Ohio

Re: Do I have to probate

I am sorry for your loss.

Whether or not you need to go through probate depends on how the property was owned by your wife. If it is all held joint with right of survivorship or payable on death you do not need to open a probate. You may need to file a surivorship affidavit if real estate is involved or other types of transfer documents depending on the type of property.

If any of the property was in your wife's name alone then it will need to be probated.

This answer is intended as general information. You should consult with an attorney for informatin particular to your situation.

Re: Do I have to probate

Please accept my condolences for your wife's passing.

It would depend upon whether or not she owned any assets solely in her own name. Joint bank accounts pass to the survivor without probate. Real estate would pass without probate if it was titled as "joint tenants with rights of survivorship" or if her interest were held on a Transfer on Death Deed, which names a living beneficiary.

It is worth noting that even if probate is not required to pass title to assets, it may be advisable to open a probate estate if there are any creditors or unpaid bills for the decedent. In Ohio, generally, creditors of a decedent have six months from the date of death to file their claim, after which the claim can be barred.

Best of luck to you, and you should consult a local probate attorney to be sure of the best way to proceed. The attorney could also explain to you how the Ohio Estate Tax system works and whether or not you should have a return prepared and filed. Typically, there would be no tax due where the decedent's assets are passing to the surviving spouse.