Common Ohio Probate Mistakes to Avoid

Holding onto the will or delaying delivery to the probate court after learning of the death.

Failing to file the required inventory within 3 months of being appointed as executor or administrator.

Giving assets to beneficiaries before the 6-month creditor claim period has expired.

Opening a full administration because the estate contains a house, or because the estate is over $35,000 and a surviving spouse inherits everything.

Waiting too long to contest a will, missing the 3-month window after the certificate of notice of probate is filed.

Failing to publish the required notice to creditors, leaving the estate vulnerable to late claims.

An executor or administrator using estate assets for personal benefit, buying estate property, or making decisions that benefit themselves over the estate.

Forgetting that Ohio has state income tax and failing to file the decedent's final Ohio income tax return and/or estate income tax returns.

Assuming Medicaid estate recovery is the state's job to chase, and never sending the notice form.

Believing that a living trust, survivorship deed, or release from administration puts assets beyond Ohio's Medicaid estate recovery reach.

Having a spouse or adult child witness the health care power of attorney because they are the people in the room.

Assuming a general instruction about life support lets the health care agent decline artificial nutrition and hydration.