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

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?

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Attorney answers 3

Best Answer

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 informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website:


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.


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



Actually, the funds have been put into an escrow type account from the time the litigation was settled. They've been put there by, I assume, GSK attorneys. for 8 months or more. This could go on in perpituaty. Until the Garretson Resolution Group can get the probate cleared. I'm sorry but to me, this is an attorney legal cash cow.

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