Legal Question in Wills and Trusts in Ohio

Re: Is a year long enough?

Has it been a year, and the estate has not yet been filed? That seems unreasonable. Creditors of the decedent have a year from the date of death to present their claims for payment. He might be waiting a year to get all of those claims in, but there is the matter of filing the State estate tax ASAP, so the property might be transferred. There is much to do.

Re: Is a year long enough?

Definitely too long. I practice in Franklin County and am in the Probate Court every time I'm in Columbus. Once a will has been filed the Court monitors the time it takes to administer an estate. The statute of limitations for present of claims of creditors doesn't begin until the appointment of the executor.

Re: Is a year long enough?

Creditors have one year to file a claim. If you are doing a release from administration you might wait the entire year to file it. However, usually with real estate you are doing a full probate administration. Unless the estate was insolvent, the funeral should have been paid by now, the insurance claimed, assets either put into the estate's name or passed to named beneficiaries. Normally by the one year mark, the typical estate is completed. Ohio taxes are due at the ninth month after date of death.