My personal feeling is that the
opposite is pretty much accurate in most situations! Probate is often
very good. The probate courts in Ohio have varied jurisdiction, and that
includes matters involving adoptions, guardianships, decedents' estates, filing
of wills, etc. But there seems to be a lot of hub-bub these days about
people wanting to "avoid probate." Generally, if a spouse dies
leaving another spouse to whom she or he wants everything to go at death, there
are a number of ways that transfers often can be accomplished without property
going "through" probate. This may involve using "transfer
on death" devices, setting up accounts with "payable on death"
beneficiaries, etc.
But, especially in situations where
things are unclear, where there is not a surviving spouse or where there is
neither a surviving spouse nor surviving children, having property go
"through" probate can be a great benefit. When property goes
through probate, it needs to be valued and inventoried, it needs to be passed
according to a will or statutory provisions, and the process is overseen by a
court. This overseeing role is of great benefit in helping to normalize
transfers, and render them legally appropriate. In other words, having
the benefit of a probate court can be a wonderful thing from the standpoint of
ensuring that things are more appropriately and more fairly handled. Is
it always necessary in every case? Clearly it is not always necessary in
every case, but in situations where people have questions about the best way to
proceed, it is appropriate to bring them up with their attorneys.
Planning for death may not be a fun thing, but it is an appropriate thing
for people to do. It is wise to seek the
services of your lawyer on such matters, often frequently, to continue to
fine-tune your plans, and hopefully to avoid problems for your heirs when you
are gone.
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