Why Wait Six Months to Open a Probate Estate?


When a loved one dies, there are many things to think about and take care of, including probating that person’s estate. The probate process is often seen as a daunting and tedious task, but with the help of an attorney, it can be done with relative ease.

What is Probate?

Probate is the legal process in which a deceased individual’s estate is distributed to their beneficiaries and any debts they owed are paid off.

How Long Can You Wait to File Probate?

Claims against the estate may be made up to six months from the date of death. Most people want to hurry the probate process and take care of everything as soon as possible after the decedent’s death. In all reality, however, it may be wise to wait six months before opening the estate.

Why Should You Wait 6 Months to Open a Probate Estate?

In Ohio, creditors of an estate have six months to present their claims to the court. At the end of that six month period, only those creditors who have filed claims are entitled to payment. Even if the family thinks there are many creditors of the estate, if only one of those creditors files a claim, that is the only claim that will need to be paid. Waiting the six-month period allows for more clarity and assurance when going through the probate process. This also helps prevent re-opening a closed estate or surprises that may arise during the process.

To discuss your probate matter, contact our probate attorneys in Hilliard, OH – they are eager to help you understand the probate process. Call the Dailey Law Offices now to schedule a free initial consultation.

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