What is the Statute of Limitations in Ohio to file Probate with no Will and No Estate?

Asked 11 months ago - Washington Court House, OH

Why does a court awarded settlement have to be put into a Probate court when the award was initially filed with an attorney 4 years after the death occurred and there was NO Will and NO Estate?

Attorney answers (3)

  1. Steven M Zelinger


    Contributor Level 20


    Lawyers agree


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    Answered . If this is a wrongful death/survival type action, such an action is typically made in the name of the estate so there has to be an estate. It doesn't matter the amount of time that has passed (as to the probate being opened at least). Just because there was no will and no estate previously, doesn't mean anything - there now is an estate for purposes of the lawsuit. The attorney handling the personal injury matter should be able to advise you on this and take care of it/ or engage counsel to assist with the probate side.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  2. Jesse Alexander Atkins


    Contributor Level 7

    Answered . Most likely an estate has been created as a place to hold the settlement funds.

  3. James Bunkey Swain

    Contributor Level 14

    Answered . Only the administration of the estate can pursue the wrongful death claim or settle the claim. You need an attorney to make sure the settlement is structured correctly.

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