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How long do responsible parties have to file a will in probate (or otherwise) and execute in Ohio?

Chillicothe, OH |

One of my family members will be the executor of the estate, and our loved one died several months ago in Ohio. The family member relayed they would begin handling everything in several months due to time constraints. I contacted them and now they have moved the date a few more months out, saying they are "busy". How long do they have to file the will? And then, how long do they have to execute/distribute assets and sell property and complete distribution to those named in the will? Is there anything I can do to help move the process along since I am named in the will?

Attorney Answers 3

Posted

There is no statute of limitations for probating a Will. Practically, however, as time goes on less and less property will be able to be traced. There is no rush, however. If its only been a few months then that is fine so long as property is being taken care of.

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

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Posted

I would be concerned too! You should hire a probate/estates attorney (preferably one in the County where the probate will have to be opened) . The attorney can file on your behalf a Motion with the Probate Court requesting an Order compelling the production of the Will.

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2 comments

Justin Jay Watling

Justin Jay Watling

Posted

Oops. I forgot to mention: It may be that because of a concern regarding creditor claims that the family is delaying the opening of the Estate. You should ask that question directly and expect to receive a clear response. If there are no creditor issues, then there is no reason to delay opening the Estate.

C L Huddleston III

C L Huddleston III

Posted

I agree with Mr. Watling, you have reason to be concerned. All the Executor needs to do to get things started is meet with a probate attorney, so "too busy" is not an excuse. There is almost certainly something going on and you should get to the bottom of it.

Posted

While there is no formal limitation on the period of time allowed to file the will, as noted by my colleague the property and the size of the estate may be affected if they wait too long. I'm wondering if it's a time issue (it really doesn't take that much time for the executor unless the estate is very large or very complicated) or if they're concerned about hiring a lawyer, paying the costs, etc. I always handle the estate without payment until the assets are liquidated. The attorney is protected and will get his fee so the executor shouldn't have to advance any money. I suggest you mention this to them.

The information provided here is general in nature and is not to be considered legal advice. No attorney-client relationship is intended nor created. As an Ohio attorney not licensed in any other jurisdiction, any information provided here is solely based on Ohio law and general legal principals. The information provided here should not be put into practice without specifically consulting an attorney in your jurisdiction. Do not proceed without first discussing this matter with your own local attorney.

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