“Probate” refers to the procedures involved in administering “probate assets” through the probate court system. Ohio (like most other states) has a separate division in its court system known as probate court. Although the probate court handles various matters, as it relates to the clients anxiety over the probate system, it revolves around the fact that the probate court is primarily designed to protect three classifications of persons...

The probate process is designed to handle the most complicated cases. It is designed to handle those estates which are insolvent because the debts of the decedent exceed the assets of the decedent. It is designed to protect situations where there are dysfunctional families and the heirs are combatant. To the extent that an individual has “probate assets”, it is necessary to go through the probate process even if the case is not insolvent, the heirs all get along well and even if the case is a simple one. This process can be extremely time-consuming and expensive. To the extent that the decedent owned “probate assets”, it is necessary to go through the probate process. What exactly are “probate assets”?

Not only is it possible to have beneficiary designations on life insurance policies, annuities and retirement accounts, but recent changes have made it possible to create beneficiary designations for bank accounts, brokerage accounts, mutual funds and in Ohio, real estate. The use of these beneficiary designations is an extremely easy and inexpensive way to avoid probate. ”Living Trusts have traditionally been an effective method of avoiding probate as well.

One of the simplest method of avoiding probate is to have co-ownership. In Ohio (like most other states,) there are several ways in which two or more individuals may own assets.

Probate court is also designed to protect those individuals who are not capable of handling their own business affairs. Individuals under the age of 18 are statutorily deemed to be incompetent to handle their own business affairs.