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Last Modified on Oct 11, 2025
If you are considering writing a will or have recently experienced losing a loved one, you have probably heard about probate. Probate court is often described as a process an estate must go through before a deceased person’s assets can be distributed to their survivors or beneficiaries. However, most people would not be able to answer the question, “What is probate court?”
What Is Probate Court?
It is true that when someone leaves a will, that will must go through probate court. It is also true that if someone dies and does not leave behind a will expressing their wishes, their assets must go through the probate process to determine what a will would otherwise set forth. This is how the assets of the deceased will then be distributed.
Once these details are finalized in probate court, the deceased’s estate can be closed. This is, of course, a very summarized explanation of probate court. When someone dies without a will, the probate court process is actually much more involved and consists of multiple steps that must be taken before assets can be distributed. This is one reason that many people hire a probate lawyer to write their will.
Having a will can significantly speed up the probate process. That’s because the next steps for the deceased’s estate are already determined, unless there is a matter of dispute. If there is no will, the burden of navigating probate court falls on the surviving family members. It is common for those charged with this task to seek the help of a local probate attorney to ensure the process goes smoothly and swiftly. Otherwise, it can be a stressful and frustrating process.
Roles of Probate Court
The State of Ohio Courts of Common Pleas saw 91,072 incoming probate court cases in 2024. The majority of these cases involved matters of estate administration. The most common roles of probate include:
- Estate administration: Probate court oversees the appointment of an estate administrator. If one is not named, the valuation of assets, notice to creditors, payment to creditors and debtors, the transfer of property, and the distribution of assets are handled.
- Guardianships and conservatorships: It is the duty of the probate court to appoint guardians for minors and conservatorships for incapacitated adults.
- Dispute resolution: When heirs or beneficiaries contest a will, they must resolve the case in probate court.
However, there are multiple roles of the probate court, which also handles those matters listed below:
- Adoptions
- Birth records
- Civil actions and commitments
- Changes of name
- Minors’ settlement
- Testamentary trusts
- Wrongful deaths
Ohio Probate Laws
The various processes of probate are detailed in Chapter 21 of the Ohio Revised Code. Specific sections of code that pertain to Ohio probate laws are:
- § 2101: Defines the jurisdiction of the probate court
- § 2107: Pertains to wills and contests
- § 2113: Describes the responsibilities of an executor and outlines the requirements for estate administration
- § 2105.06: Establishes intestate guidelines to determine heirs when there is no will
Why Choose Us?
When you choose Hoberg Law to represent you and your probate court legal matters, you choose dedicated probate court attorneys with a vested interest in Ohio communities. Our practice has been assisting families in creating generational wealth since 2011. We have successfully handled countless probate court cases and are ready to help give your family some clarity and peace of mind as you prepare for the future.
FAQs About What Is Probate Court and Important Questions About Probate In Ohio
What Happens in Probate Court in Ohio?
In Ohio, the probate court is responsible for overseeing the process of settling the estate of deceased individuals. This usually includes validating a will, if there was one, and naming an executor or administrator, if one was not named otherwise. It also entails valuing assets and identifying debt, paying those debts, paying taxes on behalf of the estate, and distributing assets according to beneficiaries or heirs in compliance with Ohio probate court laws.
What Questions Are Asked at a Probate Hearing?
At a probate hearing, a judge may ask if there is a will and if there are any known heirs or beneficiaries. They will also want to know what property the estate is in possession of and what assets are owned by the estate. In addition, the court will need to know of any debts or taxes owed by the estate and if any creditor claims have been filed against the estate. They’ll also investigate if there are disputes against the will itself.
What Assets Do Not Go Through Probate?
Assets that don’t go through probate include jointly owned property that has rights of survivorship attached to it. Also, assets that have named beneficiaries, such as life insurance policies or retirement accounts, don’t go through probate. Financial accounts that are payable on death and real estate deeds and vehicle titles that are transferred on death are also not subject to the process of probate court. When assets are properly held in a funded trust, they too bypass probate.
How Long Does Probate Usually Take in Ohio?
Probate cases in Ohio can take a while to finalize. Factors that can affect the timeline of probate cases in Ohio include asset and estate complexity, the size of the estate, contests to the will, and the extent of time it takes to handle debts and pay taxes. The more disputes there are against a will, the longer it can potentially take. An Ohio probate attorney can help move a probate case along.
Hire a Probate Lawyer With Over 20 Years of Experience
Discuss your probate case with an experienced member of the Hoberg Law legal team. We are confident we can help you find a workable solution to your probate court matters. Our attorneys take the time to understand your goals and address any concerns you may have. We explain each step clearly as we go.
Contact our office and schedule an appointment to review your case details with an Ohio probate attorney. We have the necessary resources and knowledge base to help you navigate the Ohio probate court with ease. Our team is committed to guiding you through the process toward efficient resolution.
