Probate Attorneys in Cleveland, Ohio
Helping Families Resolve Probate Matters With Expertise and Understanding.
What Is Probate?
Probate is the legal process by which a deceased person’s assets are transferred to heirs and creditors. The county probate court supervises this transfer to ensure that the law is being followed.
An executor (if there is a will) or an administrator (if there is no will) applies to the probate court for permission to open an estate.
When the probate court approves the authority of the executor or administrator, this person now has the legal authority to step into the shoes of the deceased person and take control of their property, make an inventory, and distribute it to the heirs.
When an estate is closed, all the eligible creditors (or, in the event, there is more debt than assets, some creditors) are paid, and the estate distributes the property to the heirs as determined by the will or the law.
Do I Need An Attorney For Probate?
Probate can appear deceptively simple to the unfamiliar – most forms are preprinted and contain instructions as to how to complete them. Unfortunately, filing the wrong form, or more often, failing to file the right forms, can make the process unnecessarily expensive, prolonged, or might cause you to lose certain rights.
Here is a simple example. Most unsecured creditors must send their claim to the executor of the estate within six months of the date of death in order to collect that debt. If no estate is opened within six months, the creditor has a choice – pay to open the estate, or lose the right to collect the debt from the estate (note: this does not apply to a mortgage or other secured debt).
The right strategic move for most of our clients is to wait out the six months before making any filings to ensure that any creditors out there don’t have an opportunity to make a claim against the estate. If the creditor doesn’t submit the claim within the six-month period, a fiduciary can actually incur personal liability for paying an untimely claim!
That’s just one example as to why you will want to consult a probate attorney, like Carson Law Firm, before you start filling out paperwork and paying fees down at the probate court.
Judge Parker
Genny Miller
Guy Singer
SCHEDULE YOUR FREE 15 MINUTE PROBATE CONSULTATION OR A PAID MEETING WITH US
BEST FOR:
- Starting a new probate estate for a decedent
- Estate planning help
- Completing the administration of a probate estate you’re handling
NOT FOR:
- Probate or trust disputes
- Beneficiary or creditor rights advice
- Probate matters outside Ohio (except Ohio real estate)
- Legal advice for other unrelated matters
BEST FOR:
- Resolving probate or trust disputes
- Advice on your rights as a beneficiary or creditor
- Probate matters outside Ohio involving other jurisdictions
- Complex legal advice on estate matters
Complete Probate Care
Our Cleveland firm of skilled probate attorneys offers a comprehensive range of services to meet your needs:
Whether you are dealing with a straightforward probate case or a complex estate with multiple disputes, our team is equipped to provide the legal support you need.
Our Probate Services Include:
- Probate Administration – Managing and settling the estate according to Ohio probate law.
- Trust Administration – Administering and winding up a trust in accordance with its terms and the law.
- Trust Litigation – Resolving disputes related to trusts.
- Surviving Spouse Rights – Ensuring the rights of surviving spouses are protected.
When Probate May Not Be Necessary
How Smart Estate Planning Can Help You Avoid or Simplify Probate
With effective estate planning, you can often avoid the lengthy and costly probate process altogether.
At Carson Law Firm, we provide customized estate planning, administration, and trust services designed to help you bypass probate or make it significantly smoother for your loved one
What Our Skilled Cleveland Probate Attorneys Can Do
Our skilled Cleveland probate attorneys can assist with all aspects of probate, including probate administration, will contests, trust litigation, trust administration, guardianship disputes, and breach of fiduciary duty. We ensure that the probate process is handled efficiently and in compliance with Ohio probate law.
Going Through the Probate Process
Going through the probate process can be challenging. Our probate attorneys at Carson Law Firm are here to guide you through every step, ensuring that the process is handled smoothly and efficiently.
Compassionate Probate Attorneys Serving Cleveland and Surrounding Communities
Whether you’re here in Moreland Hills, managing an estate in Strongsville, or coping with the loss of a loved one in Beachwood, our compassionate team is dedicated to helping you navigate these difficult times. Contact Our Cleveland Office Today.
