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[ohprobate/Oh-probate/ohio_barrister INTRO.htm]
Attorney Fees: Most of Ohio Probate
Courts have guidelines for attorney fees. You can agree ahead of
time to pay according to the guidelines or you may agree to pay an hourly
charge. In any event, you have a right to review the charges and
expenses before the final account is approved.
Especially helpful for an
out-of-county or out-of-state potential Personal Representative.
If you are not local, an attorney can take care a lot of the paperwork for
you. The items listed below will give you some idea of what can be
done:
Open a basic, simple, problem-free, and
uncontested Ohio Decedent's estate in any county in Ohio:
If Decedent left a Will, have it
admitted to probate,
We will have you appointed as Decedent's Personal
Representative, &
If the estate Qualifies, Apply for a release of
assets without administration.
Send Notice of your Appointment to
those entitled to receive it.
Publish a Probate Notice
in a suitable legal newspaper.
Close the probate
proceeding when you have completed its administration.
If you enter into an hourly fee agreement,
you may be able to do some of the work yourself. This may save you
some money.
B. Anticipated
Costs
The
following are the likely costs anticipated for any probate in Ohio,
regardless of any attorney's involvement in it:
Filing fee: varies with the court but usually between $110.00 and $200.00.
Clerk's fee for certified copies: $10-20 (estimated; depends on number of
pages).
Publication fee: Varies
Administrative costs, for example, for copying, any long distance telephone charges, etc.:
As incurred.
Total = Approximately $250.00
(For actual
charges check with the individual probate Court)
C. Typical
Situations where you may want representation by an attorney:
For a solvent
Testate Estate (ie, Decedent has property and left a Will):
If
Decedent was married at death:
Surviving spouse is named as Personal Representative; or
Adult
child or another person is named as Personal Representative and surviving spouse
consents in writing.
If
Decedent was not married at death:
An
appropriate Personal Representative is named, for example:
Companion or partner.
Brother or sister.
Adult
child.
Parent.
More distant relative.
Unrelated person.
Any
combination of the above, as co-Personal Representatives.
For a solvent Intestate Estate (ie, without a Will), either
Surviving spouse
as Petitioner and no surviving children; or
Another
person eligible to be appointed as Personal Representative (if Notice required,
there will be extra time invlovled and this will be billed at our usual
hourly rate.)
For
an insolvent Estate: Many situations occur that will require
additional time billed at our usual hourly rate.
D.
Obtaining professionally prepared documents to open and close the probate,
custom tailored to your particular situation --- likely ensuring that they
won't get "bounced" upon their filing with the Clerk or at Court upon their
presentation to the Judge.
Filing your documents with the Clerk, presenting your documents before the
Court, obtaining the Judge's signature on your Order, filing your remaining
documents with the Clerk following the Judge's signature, and obtaining the
appropriate certified and conformed copies of the relevant documents.
Ensuring that proper notice of your appointment is sent to those required to
receive it.
Having legal counsel readily available to you thereafter if any questions or
problems arise (for an additional fee based on time actually incurred).
For a
release of assets, ensuring that the probate will be properly closed, and that your continuing
liability as Personal Representative will be promptly discharged.
All
provided by legal counsel who has been doing it since 1973.
E.
Some Possible Alternatives Available to You for Probating a OHIO Decedent's Estate
"Do It Yourself" with the forms available
& engage an
attorney for
assistance if a problem arises.
Obtain
legal services based on a "flat fee."
Engage legal counsel to furnish you with probate legal services at
our usual hourly rate + costs.
