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