Legal Question in Wills and Trusts in Ohio

If the decedent died without a will, you can apply to administer the estate without a will. You would open the estate and apply to be the administrator to probate the assets and distribute to the beneficiaries. The laws of intestate succession would dictate who whould inherit. If there is a will, the named executor would open the estate and probate the assets according to the will. If the assets is small, you may be able to do a Release of Assets and distribute the assets without the need of a full probate administration. If you need further assistance, please contact my office at http://www.socrateslegal.com .

If you are named as the benefiicary of an account then you should be able to sign the necessary paperwork and obtain the proceeds from that account or if it is a retirement account rollover the account. A probate proceeding may not be necessary if you have been named as beneficiary.

If you need a death certificate and no one is administering the estate you can apply for one from the county or the State of Ohio.

Depending on the type of assets and the size you may have to pay estate tax.

You should consult with a probate attorney as soon as possible.