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Probate requires disposition of the decedent???s real estate

The personal representative of the decedent's estate in Ohio is responsible for managing and administering the assets of the estate. This includes the real estate owned by the decedent at his or her death. In some cases, other persons will be residing in the decedent's residence or in other real estate owned by the decedent. The personal representative, who is called the executor when there is a will, must dispose of the real estate during the probate process according to the will or according to state law where there is no will.

In some cases, the executor will file to evict residents of estate property where they are not cooperative in vacating the premises. This is not always appropriate, however, especially if the resident is a tenant with a lease. Where the tenant is thus protected, the executor must abide by the terms of the lease and send advance notice to vacate the premises when the lease approaches its expiration date.

In some circumstances, it may be in the interest of the estate to continue receiving rent from a tenant for an extended period of time. For example, this may apply where a tenant of decedent's business property has a long-term lease or some other contractual arrangement that must be honored. In many instances, the executor will take steps to sell the residential or commercial real estate and divide the proceeds among the heirs specified in the will or to those persons indicated by state law where there is no will.

Sometimes, an heir will be allowed to occupy the real estate for life per the terms of the decedent's will. This is called a life estate. It is also common for the will to direct that the real estate is gifted to an heir as the sole owner of the property. In that situation, the estate usually finalizes the devise by conveying a deed over to the specified heir. During the probate process in Ohio, the executor of the estate may carry out many different responsibilities with respect to the decedent's real estate.  

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  • Ohio State Bar Association | Connect.Advance.Succeed
  • Federal Bar Association | ORG Jan 5th 1920
  • Dayton Bar Association 1883
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