When your loved one dies, his or her estate will go through the probate process. If there's a will on file, after probate, the executor of the estate will distribute the assets according to the distribution plan laid out in the will. If there's no will on file, the assets will be divided according to Ohio intestacy laws.
The time immediately following the loss of a loved one can be very difficult. Oftentimes the last thing anyone wants to do after such a loss is to care for legal concerns while also attempting to grieve and process. Because of this, some may want to relocate some of their assets into certain types of assets in order to reduce the amount of time their loved ones will have to spend in probate court following their death.
When a person dies without a will, it is not necessary for the estate to be enormous to have disputes among family members arise. However, as the estate increases in value, the likelihood of probate litigation will obviously increase. In Ohio, tensions over oil rights, a family farm, business interests and intellectual property can be common in probate court.