Legal Question in Wills and Trusts in Ohio

estate

to open estate valued under $35,000 with a will; how do I sell house? Does it cost to be named executor by court?

Can anyone be named executor if the named executor does not want to do it?


Asked on 1/04/07, 4:19 pm

1 Answer from Attorneys

Philip Schmidt Brady, Coyle & Schmidt, Ltd.

Re: estate

For a $35,000 estate, three procedures are available: 1-Summary Relief, usually for a surviving spouse; 2-Relief from Administration, if house is not to be sold but transferred directly to beneficiaries; and 3-full administration. It sounds, without more information, like a full administration may be the best. The named executor can decline in favor of another person. The other person would then be the 'Administrator with will annexed' and be able to do the same things that the executor could do in administering the estate. The administrator must be an Ohio resident. The court requires a $200 initial deposit for costs when the estate is opened. Administration expenses are paid with estate assets.

I would be happy to help you with this.

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Answered on 1/04/07, 5:02 pm


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