An estate must go through the probate procedure in order to guarantee that it is wound up in the correct manner and in accordance with applicable laws. Probate is really advantageous in a lot of different scenarios. On the other hand, the procedure is not obligatory for every single case because there are specific circumstances in which it is not essential.
By allowing certain cases to be resolved without going through the probate process, the courts are able to better manage the caseloads they already have, thereby preventing overloading of the judicial system. According to the Ohio Revised Code, there are a few distinct scenarios in which a court will not require a deceased person’s estate to go through the probate process.
It is advisable to consult with an experienced divorce attorney in Columbus, Ohio if you need specific answers about your legal options.
Only the spouse is eligible to inherit.
If, when you pass away, the law dictates that your spouse is entitled to receive all of your assets, then the process of probating your estate will not be necessary. One and only one exemption applies: if you have a will or if the value of your estate is more than one hundred thousand dollars. If that were the case, your spouse would be entitled to everything, and there would be no reason for the court to get involved.
The value is not sufficient.
If the worth of your estate is less than $35,000, then it is likely that it will not be required to go through the probate process. However, if you leave a will or there are disagreements among your heirs, your estate might have to go through the probate process so that the situation can be resolved.
It makes logical that there is no need for probate if there is nothing to wrap up and no heirs to whom the court must give inheritances because the primary purpose of probate is to ensure that the estate is settled and that the heirs receive what they are entitled to receive. However, before making any decisions or taking any action about your estate, your family should always make sure to consult with the court first, even if they believe your estate does not need to go through the probate process.