Is it mandatory for the family of a deceased person to put an obituary in the newspaper?
4 attorney answers
No, an Obituary is not required to be published in Ohio. Neither is notice to creditors, other than Medicaid Recovery. In fact, some times it might even be advisable to forego opening an estate until the time for creditors to file claims has passed (in Ohio it is 6 months from the date of death). Of course, this depends on the particular facts of each individual case. You may want to contact a probate attorney in the Cleveland area for further guidance.
Bart Leonardi, Esq.
James Bart Leonardi, LLC
36855 American Way, #2C
Avon, OH 44011
Any response given to a question is not intended to create an attorney/client relationship between this lawyer or this firm and anyone else. Any response is to be considered as a general response to a hypothetical set of facts and is not intended to be, and should not be relied upon as, legal advice.
There is a great difference between an obituary and a notice to creditors. Many people deliberately omit placing an obituary in the newspaper for various reasons, one especially being the cost. Whether or not the notice to creditors is necessary would be decided upon the advice of the attorney handling the probate administration if there is one.
The above answer is not to be considered legal advice and should not be relied upon as such. You should consult your attorney for specific legal advice as to your individual situation.
No. In fact, in this era of unscrupulous individuals, some families wait until after the burial to run an obit. They are aware of stories about how a criminal reads the obits to see when it is that a family will be out of the home at the funeral, and uses that as a window of opportunity for a burglary.
No, the publishing of an obituary is not required, nor is a "notice to creditors" which one sees in the classifieds mandatory. Often the personal representative of an estate elects to publish a "notice to creditors" because it can have important benefits in the management of the estate. What some papers publish as a "death notice" is also not mandatory but common.
Best wishes for an outcome you can accept, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.