When someone passes away, their estate often goes through probate—a legal process for validating the will, settling debts, and distributing assets. The executor plays a central role in this process. Appointed in the will (or by the probate court if there is no will), the executor is responsible for managing the estate in accordance with Ohio law and the decedent’s wishes.
If you’ve been named executor of a loved one’s estate, this guide outlines your key responsibilities and how a Montgomery probate lawyer can help you navigate each step with confidence and legal clarity.
What Is an Executor’s Role in Ohio?
In Ohio, the executor (sometimes called a personal representative) manages the probate estate on behalf of the deceased. While the role can be complex, it generally includes:
Filing the will with the probate court
Collecting and safeguarding assets
Notifying heirs and creditors
Paying outstanding debts and taxes
Distributing remaining assets to beneficiaries
Closing the estate
Although executors are not required to live in Ohio, out-of-state executors may be asked to post a bond or appoint an in-state co-executor. This added layer can slow down the process and increase costs. Whenever possible, it’s usually more efficient to name an in-state executor.
Key Responsibilities of an Executor in Montgomery, Ohio
1. Locating the Will and Initiating Probate
The first step is to locate the decedent’s will and obtain multiple certified copies of the death certificate. You’ll need these for banks, insurance providers, and government agencies.
The executor must file the will with the Hamilton County Probate Court, which has jurisdiction over probate matters in Montgomery and surrounding areas. Depending on the type of assets involved and how they’re titled, full probate may or may not be necessary.
2. Notifying Interested Parties
Next, the executor must formally notify:
All named beneficiaries in the will.
Legal heirs (in case the will is challenged).
Known creditors.
The Social Security Administration, banks, and insurers.
This step also involves preparing a complete inventory of the estate’s assets, debts, income, and expenses.
3. Managing Estate Finances
The executor must open a separate estate bank account to pay any ongoing expenses (such as mortgage payments), settle debts, and pay taxes. This includes filing:
The decedent’s final federal and state income tax returns.
Estate or fiduciary income tax returns, if necessary.
Only after all legitimate debts are paid can the executor begin distributing assets.
4. Handling Disputes or Will Contests
Sometimes, beneficiaries or family members may contest the will or challenge how assets are being handled. Executors must attend court hearings and comply with court orders in such disputes. A skilled probate attorney can represent you during any contested proceedings to protect the estate’s integrity and ensure proper administration.
5. Distributing Assets and Closing the Estate
After debts, taxes, and fees have been paid, the executor distributes the remaining assets as directed in the will. The final step is to file a final accounting with the court. These accounting details every transaction made on behalf of the estate. If the court approves, it will officially close the estate, and the executor will be released from their duties.
Do You Need a Probate Lawyer as an Executor?
Serving as an executor involves a range of legal and financial responsibilities, and mistakes can lead to personal liability. A Montgomery probate lawyer can guide you through the process, prepare and review legal documents, respond to challenges, and ensure you’re fulfilling your duties properly.
Hiring legal counsel is especially important if:
The estate is large or complex.
There are disputes among heirs.
There is no will.
Assets include business interests, real estate, or out-of-state property.
You live out of state and are unfamiliar with Ohio probate law.
Contact Our Montgomery Probate Lawyers at Wolterman Law Office for Legal Guidance
If you have been named executor of a loved one’s estate and need help understanding your responsibilities or navigating probate court, turn to the experienced team at Wolterman Law Office. Our Montgomery probate lawyers will support you through every step of the process. To schedule a free, confidential consultation, call us today at 513-224-5191 or contact us online. Located in Loveland and Blue Ash, Ohio, we serve clients throughout Hamilton County, Fairfield, Norwood, and Forest Park.