Upon a filing of a RELEASE FROM ADMINISTRATION, the court then appointed the attorney as ADMINISTRTOR of said estate.

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1. Licensed in OH

   

   Charles HuddlestonPro

   Columbus Probate Attorney

   Contributor Level 15

   

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   Answered February 23, 2011 06:44. There are three levels of probate administration: (1) Full Administration; (2) Release from Administration and (3) Will for Record Only.
   
   Not all assets go through probate. The following usually do not go through probate: (a) Assets in a living trust; (b) third party beneficiary assets (IRAs, other retirement plans, annuities, life insurance, all of which usually have designated beneficiaries); (c) "Payable on Death" (POD) or "Transfer on Death" (TOD) assets. Because of this, the type of probate filing may not give you an indication of the size of estate or extent of assets.
   
   "Will for Record Only" is when there are NO probate assets, but the Will must be filed to open a Probate case in order to file an Ohio Estate Tax return. There is usually no "fiduciary" (called a "Commissioner") appointed in estates where the Will is filed "For Record Only". Ohio Estate Tax returns are required to be filed for decedents having more than $338,333 in assets.
   
   Full Administration is when there are enough assets ($35,000 if single, $100,000 if married) that the law requires a complete accounting of assets and liabilities, income and expenses. If there is a Will, the Will usually nominates and Executor and the Court usually appoints the person nominated in the Will as the Executor (often called "personal representative" in other states, and in some Ohio documents). If there is no Will--known as an "intestate" estate--the Court appoints an Administrator. The Executor or Administrator has authority to administer the estate in accordance with Ohio law and local court rules. The judge of the Probate Court must approve almost all actions of the Executor or Administrator before he or she can act.
   
   "Release from Administration" is for estates having PROBATE assets valued at less than $35,000 if single and $100,000 if married. Courts differ from county to county. Some appoint a Commissioner and some don't. The Commissioner is accountable to the Court. There is a priority for what happens with the assets. Lawyers and funeral homes get paid, as do creditors if there is enough money. Anything left over will go to the named beneficiaries under a Will or to "heirs at law" if there is no Will.
   
   Your question did not give enough information for us to know your exact concern, whether you are expecting some of the money and aren't getting it, or don't understand why the lawyer was appointed rather than someone else. I hope this answer helps you understand the basic framework of the 3 types of probate estates.

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2. Licensed in OH

   

   Justin Watling

   Cleveland Probate Attorney

   Contributor Level 14

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   Answered February 22, 2011 11:03. It is likely that the Court appointed the attorney as Commissioner not Administrator. An Administrator would be appointed in the case of a full administration without a Will. His job will be to make sure that any designated creditors get paid and to distribute the remaining assets to the proper recipients (heirs at law usually). This all should be set out in the Application To Relieve Estate From Administration (Form 5.0) and in the associated Entry (Form 5.6) issued by the Court.
   
   He then should file his Report showing that all payments & distributions have been made.

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