Legal Question in Wills and Trusts in Ohio

My father has passed away and I am named executor on his will. Am I required by law to file the will with probate court?

His assets are 1) A mortgage (+2nd) thats underwater (79,000 est value - 125,000 est owing). 2) 1 truck KKB value estimated @ 1,700. 3) A small life policy (7,500 for burial expenses) w/myself and brother named as beneficiaries. 4) 1,800 in a joint checking acct (closed and distributed). 5) A few other items of little value.

Note: I have inquired about transferring the truck into my name and was told they would need something from probate court.


Asked on 2/19/11, 5:26 am

1 Answer from Attorneys
Philip Schmidt Brady, Coyle & Schmidt, Ltd.

There is a procedure in the probate court called "Summary Release from Administration." It is available for cases such as yours. The person who paid the funeral expenses is entitled to reimbursement. This procedure can be used to expedite that payment without a full blown administration and expense. Life insurance paid to a beneficiary is not required to be used for the decedent's expenses.

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Answered on 2/21/11, 12:29 pm


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