Practice Areas

Probate Administration And Attorney Services in Cleveland

Get Compassion And Clarity With The Law Office Of K. E. Whisenant

Managing a loved one’s estate after their passing is an overwhelming experience — but it doesn’t have to be. I’m Kori Whisenant, and I’m here to help you navigate the probate process with expertise and care. Whether your loved one had an existing will or not, I guide you through every step, making sure you feel seen and heard the whole way.

What’s Involved In Probate Administration?

The first step is to demystify the complex probate process. Here’s what to expect, step by step.

File a petition: To start the probate process, you’ll file a petition with your local probate court. If your loved one had a will in place, the petition will be filed by the estate executor or person assigned to administer the will. (That can be an attorney, too!)

Notify beneficiaries and creditors: After the case is opened and contents of the will are confirmed as valid, the estate executor must contact any heirs or beneficiaries mentioned, as well as any creditors to whom the decedent (person who passed) owed any debts.

File inventory of all assets: A detailed list of all assets must be filed with the probate court. This might include getting the value appraised for certain property or assets.

Settle outstanding debts: Before the estate can be paid out to any beneficiaries, all outstanding debts, tax payments (including federal estate taxes), and expenses related to probate administration must be paid.

Distribute estate assets: After all debts are paid, the decedent’s assets will be distributed, either according to the terms of their will, or as determined by probate court, if no will exists.

Why Proactive Estate Planning Matters

You’ll hear the phrase “peace of mind” a lot when we talk about proactive estate planning. It’s overused, but it’s also completely true. It’s an important task that you, yourself won’t have to deal with, but if you don’t, it leaves a headache behind on top of heartache for your loved ones. By being proactive in estate planning, you ensure will full confidence that what you want is honored and carried out.

Having a will with an assigned executor means every detail is taken care of, from filing paperwork to tax compliance. And in the event that your loved ones need access to the assets in your estate immediately, you’ll have time to set up trusts that don’t need to go through probate court. With an estate plan, your family automatically gets much needed support during a difficult time.

Meet Kori Whisenant

With over a decade of experience in the probate and estate planning sector, I’m passionate about helping my clients through the probate experience with care and understanding. And one of my biggest professional joys is breaking the perception that estate planning is just for old folks or people in bad health.

As a young Black mother of two, I want people who look like me, and who are in the same stage of life as me, to recognize the importance of caring for these tough matters now. I also have a background in psychology, so I know how hard it is to have these conversations. This background makes me a unicorn of sorts, but it’s exactly what makes working with my law firm so magical.

Learn More About Attorney K.E. Whisenant

FAQs About Probate Administration in Ohio

How does probate administration work in Ohio?

If someone has an existing will at the time of their passing, a probate court judge will review the will and confirm if it’s legally valid before any assets can be transferred to the beneficiaries in the will. If no last will and testament exists, the probate court judge will determine how to distribute any property or financial assets.

When is probate administration necessary in Ohio?

Probate administration is necessary after a person passes in Ohio even if they had a will, unless the assets being transferred were placed in a trust, or if a Summary Release From Administration has been filed.

Do you have to go through probate if you have a will in Ohio?

Yes, a probate court judge is required to review the will to confirm that it’s legally valid. The process is typically much smoother, though, than going through probate without a will. The person assigned to administer the will is responsible for most probate court related tasks.

What is the difference between probate administration and probate litigation?

Probate administration involves the legal process of distributing assets in a person’s estate. Probate litigation is the process that occurs when disputes arise between a person’s heirs or beneficiaries in their will. In cases like these, probate litigation lawyers will be called upon to resolve these conflicts in court.

Do you always need probate administration when executing a will?

In most cases in Ohio, you will need to go through the process of probate administration, even if a will is in place, as a probate court judge will need to determine the validity of the will. For very simple estates, you can file for a Summary Release From Administration, which will allow you to avoid the probate process. Assets that are placed in a trust don’t need to be reviewed by probate court before distribution, either.

Where does probate happen?

The probate administration process takes place in probate court.

Get Probate Support with The Law Office of K.E. Whisenant

Get guidance through this journey with an empathetic and experienced attorney at the helm. Reach out for a free consultation.

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