Probate is a legal process that helps to ensure an estate closes out properly and in accordance with the law. In many cases, probate is very beneficial. However, not every case must go through the process as it is not necessary for some situations.
By having some cases bypass probate, it allows the courts to be able to better handle the caseloads they do have and prevents overcrowding of the courts. The Ohio Revised Code explains that there are a few different situations where the court will not make an estate go through probate.
Spouse is the only heir
If you die and all your assets would go to your spouse under the law, then your estate will not go through probate. The only exception is if you have a will or your estate’s value is over $100,000. Otherwise, your spouse would receive everything, and there is no need for court intervention.
The value is too low
If your estate’s value is $35,000 or under, then it will usually not have to go through probate. However, if you have a will or there are any issues with your heirs, then your estate may go to probate to resolve the situation.
Since the main idea of probate is to wrap up the estate and ensure that heirs receive what they should, it makes sense there is no need for it if there is nothing to wrap up and no heirs to which the court must deliver inheritances. However, your family should always check with the court before making decisions or doing anything with your estate even if they think it does not qualify for probate.