If your father dies without a will, Ohio law determines who gets any property that he left. In order to pass his property, a family member (who must be an Ohio resident) will need to file an application in probate court asking for permission to administer his estate. If that permission is granted, that person will be responsible for gathering your father's assets, paying his final debts, and passing any property that is left to his heirs. That person is called the administrator.
As part of the application process, the administrator will need to post a bond with the court. The amount of the bond depends on the value of the estate. The bond is required as a guarantee that the administrator will not misuse the estate assets. The bond can be expensive, and everyone cannot get one because a major factor in getting one is a person's creditworthiness.
If you father is able to make a will, you should encourage him to do so. By writing a will, he can make his wishes known. He can determine who his hard earned property should go to, rather than leaving it up to Ohio law. Also, he can eliminate the bond requirement by naming an executor in the will and stating that no bond will be required. The probate process is usually less stressful on the family when there is a will.
Tonya R. Coles, Attorney at Law
Elder Law - Estate Planning - Probate
www.tonyacoles.com
Answered on Feb 09th, 2012 at 1:39 PM