When a person passes away, it is the job of the executor to deal with all aspects of the deceased person's estate. The executor is usually named in the deceased person's will. However, if no will exists or if no executor is named, it will be the job of the probate court to appoint an executor.
It's an honor to be appointed as executor of a loved one's estate. The problem is many who are appointed to that role only do it one time. Many are ill-informed about their responsibilities and make mistakes as they carry out their assigned duties. They can cost heirs to lose a significant portion of their inheritance.
If a loved one has recently passed away, your family will be going through a stressful time. Grief can change our mental state in many ways, and it can also cause us to act out-of-character. This can potentially lead to a higher amount of tension within the family dynamic, even if everyone is sharing the same grief.
If you are an executor of an estate, you will have the responsibility of going through estate administration. This can feel like an overwhelming process to go through, especially when you are grieving the death of a person that you cherished. Many estates need to go through the probate process, even when there is a last will in place.
It can feel overwhelming to be named the executor of an estate. It means that you have to oversee the entire procedure of settling a person's estate after they have passed away.
The procedure to start an estate in the probate court after a person's death is generally similar in Ohio and other states. The procedure can be slightly different if the decedent had no will. In either case, the probate court will not get directly involved in the estate's details unless problems arise.
The general probate process is similar in all states. The terminology may vary to some extent in the different jurisdictions, creating what looks like divergent laws and procedures. Actually, the general pattern of probate is similar from state to state. At the same time, it is necessary to be familiar with the specific probate laws in one's state, including here in Ohio, to probate an estate most efficiently and in a timely manner.
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 Ohio and other states, should a person's estate have complete control over the decedent's private emails? A service provider, Yahoo, recently filed a petition to the U.S. Supreme Court, asking that it reverse a state court decision holding that a probate court could not refuse the estate's access to the deceased man's private emails. The original refusal of access was based on the federal Stored Communications Act (SCA), which sets up certain privacy protections for electronic accounts.
Acting as the executor or personal representative to someone's estate in Ohio is not an easy task that is quickly discharged. The probate of an estate may take many months before all the loose ends are wrapped up and the estate can be successfully concluded. A person can be appointed in a will to be the decedent's executor or, where the decedent had no will, the person stepping forth will likely be a next of kin who, in the face of no opposition, will be appointed by the court to perform the job.