Understanding Probate: A Step-by-Step Guide from a Probate Attorney

If you’re navigating the probate process after the loss of a loved one, the legal terminology, forms, and court procedures can quickly feel overwhelming. As a probate attorney, I often hear questions like:

• “How long does probate take?”
• “What is a fiduciary and what do they do?”
• “What documents do I need to start?”
  

This guide breaks the probate process down into three clear stages—opening the estate, preparing the inventory, and completing the accounting—so you know what to expect and how to move forward with clarity and confidence.

Stage 1: Opening the Estate

The first stage begins when a probate attorney is retained and continues until the court officially appoints a fiduciary—the executor or administrator of the estate. The fiduciary becomes the person legally responsible for managing the estate’s assets and carrying out its distribution.

To open an estate, the following information and documents must be submitted to the probate court:

• Names of all interested parties (heirs or beneficiaries)
• Identity of the fiduciary applicant
• The Last Will and Testament, if available
• An estimated value of the estate’s assets
  

The value of the estate helps determine which probate process applies and whether a bond is required for the fiduciary.

Common Delays at This Stage:

• Difficulty locating heirs
• Disputes over the Will
• Challenges in estimating asset value
• Delays in securing a fiduciary bond
  

Stage 2: Inventory Requirements

Once the court appoints a fiduciary, the next step is to create a complete inventory of the estate’s assets. This includes:

• Opening a dedicated estate bank account
• Gaining access to the decedent’s financial records
• Listing all assets: real estate, vehicles, bank accounts, investments, and valuables
  
  

Assets that don’t have a clear value may require formal appraisals. The fiduciary must document all this information on official probate inventory forms and submit them to the court.

Important Note:

Attorneys cannot access personal accounts on behalf of the fiduciary. This means the fiduciary must cooperate fully and act promptly to avoid delays.

Stage 3: Estate Accounting and Asset Distribution

The final stage of probate is focused on managing, liquidating, and distributing the estate.

The fiduciary must:

• Sell or transfer estate property
• Deposit proceeds into the estate account
• Pay outstanding debts and taxes
• Prepare and file an accounting report with the court
• Distribute remaining assets to heirs and beneficiaries
  

Distributions are only made after court approval of the accounting. Once all assets are properly disbursed and the court accepts the final accounting, the estate can be officially closed.

How Long Does Probate Take?

Most probate cases in Ohio take six to nine months, but timelines can vary depending on:

• The responsiveness of the fiduciary and heirs
• The availability and involvement of the attorney
• The caseload and efficiency of the local probate court

Some cases—especially those involving complex assets or disputes—may take longer.

Need Help Navigating Probate Court?

Probate can feel overwhelming, but you don’t have to go through it alone. With the guidance of an experienced probate attorney, you can navigate every stage—from opening the estate to final distribution—with confidence and legal clarity.

Contact Us Today for Probate Support

Whether you’re just starting the probate process or facing challenges in the middle of it, our firm is here to help. Schedule a consultation today for trusted legal support with probate, estate administration, or estate planning.