Legal Question in Wills and Trusts in Ohio

what to do without a will

whitout a will is probate necessary and how do you file to become excutor


Asked on 11/05/08, 4:45 pm

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: what to do without a will

If the deceased owned property in his or her name alone and it was not payable on death to anyone then probate is necessary.

If the deceased does not have a will then the property will pass according to state law.

One of the deceased's next of kin will need to go to probate court to be appointed as administrator (the name for an executor when there is no will).

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Answered on 11/05/08, 5:53 pm


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