Probate exists to make sure a deceased person’s debts are paid and their assets are distributed fairly under the law. While that’s an important function, in practice the process can create significant burdens for the very people it’s meant to protect — especially in Ohio. Understanding the drawbacks will help you see why so many people choose to take steps to avoid it altogether.
1. Probate Can Be Slow
Even a simple Ohio probate case can take six months to a year, and complicated estates or contested wills can stretch far longer. During this time, beneficiaries may be unable to access their inheritance, and certain property may be tied up until the court gives permission for its sale or transfer.
2. Probate Is Public
In Ohio, probate is a matter of public record. This means that anyone — including creditors, salespeople, or even estranged relatives — can see the details of your estate, including what you owned, what it was worth, who inherits it, and how debts are paid. Many families prefer to keep these matters private, but probate doesn’t allow that.
3. Probate Can Be Expensive
Court costs, attorney’s fees, executor fees, appraiser fees, and other administrative costs can quickly add up. In some cases, these expenses can consume a noticeable portion of the estate, leaving less for the heirs. Even a modest estate can lose thousands of dollars to the probate process.
4. Probate Can Invite Disputes
Because the process is public and supervised by the court, it can sometimes lead to challenges from unhappy relatives or creditors. These disputes can drag out the process even longer and increase the overall cost to the estate.
5. Probate Is Often Unnecessary With Proper Planning
Many of the assets that end up in probate could have been transferred directly to beneficiaries through proper titling, beneficiary designations, or the use of a living trust. By planning ahead, you can ensure your family avoids most of the delays, costs, and stress that probate can create.
Bottom Line
While probate plays a role in ensuring legal compliance, its delays, costs, and lack of privacy often outweigh the benefits for families who have other options. With the right estate planning strategies, you can significantly reduce or even eliminate the need for probate in Ohio — saving your loved ones time, money, and stress.
Take the first step toward peace of mind for yourself and security for your loved ones. Proper estate planning ensures that your wishes are honored, your family is cared for, and unnecessary complications like probate are avoided. Call Krugler Law today at 513-916-1600 to schedule your consultation and put a plan in place that protects your legacy.