A carefully executed will or trust can simplify the probate process for your heirs during this time of grieving. Robert Bergman, senior partner in Bergman and Yiangou, offers this legal information regarding probate:
A will insures that a person’s assets pass to those whom they choose. If an individual dies without a will, then the Ohio Statutes will determine where those assets will go.
Probate is a process that transfers probate assets to either the beneficiaries listed in the deceased’s will or to his heirs, as determined by the Statutes of Descent and Distribution of Ohio.
Certain property that has beneficiaries listed is not a probate asset. For example, if an individual with a 401K has a beneficiary listed, that 401K property will pass by contract to that beneficiary and will not be a probate estate.