Probate Services

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Probate Services

If you've recently lost a loved one, you need a trusted advisor like Anthony Rinaldi and Company, LLC to Guide you Through the Probate Process

What is Probate?

Probate determines the value of a deceased person's assets and who should receive the assets and property, according to state law. Probate proceedings also finalize that person's financial issues, outstanding debts, and money collections.


Probate can be complex and exhausting, but Anthony Rinaldi and Company, LLC will aim to simplify the process and provide you with peace of mind during this challenging time. We will handle the bulk of the work and allow you time to grieve.

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The Probate Process

Appointing a Supervisor: Before probating begins, the Probate Court appoints a supervisor to oversee the administration and distribution of an estate. An "executor" is a supervisor who is assigned in a will; an "administrator" is selected if there is no will. The executor or administrator may be an individual, a bank, or a trust company.


The duties of an executor or administrator are:

  • To determine the names, ages, and degree of relationship of heirs.
  • To take possession of, and conserve all of the real and personal property of the deceased person.
  • To file with the Probate Court an inventory of all the assets held in the name of the deceased person.
  • To receive and determine the validity of all claims against the deceased person's estate.
  • To file tax returns and to pay income and estate taxes.
  • To make distribution of the estate's assets to the proper persons.
  • To file an account of all receipts and disbursements made by the executor or administrator with the Probate Court.


Other typical steps include:

  • Authenticate the Will: If there is a will, the court will verify its validity. This ensures that the document genuinely reflects the deceased's wishes and complies with the state's legal requirements.
  • Asset Inventory: The Supervisor must compile an inventory of the deceased's assets. This includes real estate, personal property, financial accounts, and more. An accurate inventory is essential for a smooth probate process.
  • Creditor Notification: Part of the probate process involves notifying creditors of the deceased's passing. Creditors are given the opportunity to make claims against the estate, and approved claims are paid through the estate.
  • Distribution of Assets: Once all debts and expenses have been settled, the remaining assets are distributed to heirs and beneficiaries according to the will or, in the absence of a will, Ohio's intestate succession laws.
  • Closing the Estate: After all tasks are completed, the estate is officially closed, and the executor's responsibilities conclude.


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Common Probate Challenges

Creditor Disputes

Addressing creditor claims can be complex, especially when multiple creditors come forward with different demands. Our experienced probate attorneys are skilled in negotiating and resolving these disputes. They ensure that creditors' claims are valid and reasonable, protecting the estate's assets from unjust claims. Through careful examination and negotiation, we work to reach fair resolutions that uphold the deceased's wishes and comply with legal obligations. 

Will Contests

Disputes over the validity of a will can lead to lengthy legal battles, potentially delaying the probate process. Anthony Rinaldi and Company is well-versed in will contests and can provide sound legal guidance. We evaluate the evidence, gather witnesses, and build a strong case to defend the validity of the will or address any concerns raised. Our goal is to minimize delays and resolve disputes efficiently, allowing the probate process to proceed smoothly.

Family Conflicts

Heated family dynamics can complicate the process further, making it essential to have a neutral party, such as a probate attorney, mediate disputes. Our attorneys serve as impartial mediators, facilitating communication and negotiation among family members. We aim to find amicable solutions that preserve family relationships and ensure the deceased's wishes are respected. Our expertise in conflict resolution helps prevent prolonged legal battles that can be emotionally and financially draining.

Probate FAQs

Probate can be complicated and confusing - but we'd like to simplify it for you. Here are some FAQs:

  • Can probate be avoided entirely?

    Yes! With careful Estate Planning, assets can be structured to bypass probate through trusts, joint ownership, and beneficiary designations. 

  • What happens if there is no will (intestate)?

    In the absence of a will, Ohio's intestate succession laws dictate how assets are distributed among heirs. Typically, the surviving spouse and children are the first in line to inherit, followed by other close relatives, as outlined by state law.

  • How can I protect assets from creditors during probate?

    Proper estate planning, including the use of trusts, can help shield assets from creditors during probate. By placing assets in certain types of trusts, such as irrevocable trusts, you can protect them from potential claims and ensure they pass directly to beneficiaries.

  • Are all creditor claims valid in probate?

    Not necessarily. Creditor claims must be valid and reasonable to be paid from the estate. Validity is determined through the probate process, and the executor or probate court will assess the legitimacy of each claim.

  • How long does probate typically take?

    The duration of probate varies but can take several months to over a year, depending on the complexity of the estate and any potential challenges. Simple estates with clear wills may move more swiftly, while complex estates with disputes or extensive asset inventories may take longer.

  • Am I required to serve as an executor?

    No, you are not obligated to serve as an executor if named in a will. An individual named as an executor in a will or considered for the role by a probate court may decline the job. However, it's essential to consider who may be eligible to serve as an alternative executor and whether the estate will be in capable hands with that individual.

  • Is an executor entitled to compensation for their services?

    Yes, an executor is entitled to charge the estate reasonable fees for their work. Sometimes, the will or state law will offer guidance regarding the kind of fee that is considered "reasonable." However, often it is up to the executor to determine what constitutes a reasonable fee. If interested parties, such as the estate's beneficiaries, believe that the executor's fees are unreasonable, they may object to the fees in probate court.

  • Is there a rush to start the probate process after a recent death in the family?

    There is no immediate rush to start the probate process after a recent death in the family and it is natural for your family to take time to mourn and remember your deceased loved one. Fortunately, the law allows for flexibility in this regard, as you have up to four years to file a will in probate court. Seeking guidance from an experienced probate lawyer who is sensitive to your priorities can alleviate the pressure while you address time-sensitive matters.

Probate vs Non-Probate Assets

Not all assets are subject to Probate so it is important to undertand the differences. Probate assets typically include solely owned real estate, personal property, and assets without designated beneficiaries


Non-probate assets, on the other hand, bypass the probate process and transfer directly to your chosen beneficiaries. These assets are typically designated to specific individuals or entities, ensuring a smoother transition of wealth.

Family Settlement Agreements

A Family Settlement Agreement (FSA) is a legally binding contract entered into by the heirs, beneficiaries, or interested parties of an estate. It serves several essential functions:

  • Dispute Resolution: Resolve disputes related to any estate-related conflicts.
  • Amicable Resolution: A less adversarial approach than court proceedings.
  • Customized Solutions: Solutions tailored to your unique circumstances.
  • Legal Validity: Once signed, FSAs become legally binding.
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