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Does having a will keep an estate out of probate?

Sometimes, following the death of a loved one, an Ohioan will end up serving the role of personal representative for their deceased loved one's estate. One way this can come about is if they are named for this role in their deceased loved one's will. When a person is the personal representative of the estate of an individual who had a will, one question they may have is: What impacts will the will have on the probate process?

One very important thing to note is that a person having a will does not exempt that person's estate from the probate process. Whether probate proceedings are required is instead dictated by what assets are in the estate.

While a will does not keep an estate out of probate, it can control how assets are distributed during the probate process. Thus, the terms of a deceased person's will are something that it can be very important for a personal representative to pay close attention to, as the proper distribution of estate assets is one of the things a personal representative is generally responsible for during the probate process.

Given how important the proper distribution of a deceased individual's estate is, it is understandable that an individual who is the personal representative of a deceased person's estate may be a little nervous about being responsible for this distribution and may have a variety of questions regarding their duties and how to carry them out. Attorneys can provide personal representatives with assistance throughout the probate process.

Source: FindLaw, "Ohio Probate Laws," Accessed Feb. 5, 2015

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