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One of the most common ways to avoid probate is by using a trust. A trust creates a separate legal entity that owns your assets and is managed by a trustee. By naming yourself as the trustee of a living trust, you can still manage the assets that have been placed in the trust.
(C) Except as provided in section 2117.061 of the Revised Code, a claim that is not presented within six months after the death of the decedent shall be forever barred as to all parties, including, but not limited to, devisees, legatees, and distributees.
In Ohio, a creditor can petition to open the estate as a special administrator, and claims timely presented to a special administrator are considered valid. In other words, if you dont open the estate, someone else may do it for you, and may even be permitted to sell assets to pay claims.
Remember, credit does not die and continues after the death of the debtor, meaning that creditors have a right to claim from the deceaseds estate. Remember, the executor is obliged to pay all the estates debts before distributing anything to their heirs or legatees of the deceased.
If the executor or administrator distributes any part of the assets of the estate within three months after the death of the decedent, the executor or administrator shall be personally liable only to those claimants who present their claims within that three-month period.
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The Ohio law for deceased debt says an Estate does not have to pay the debts of the dead person after 6 months from the date of death. In fact, the Executor or Administrator is prohibited from paying these claims after 6 months. This rule does not apply to secured debts such as mortgages or car loans, though.
In other cases, it can be sensible for the Executors to make no payment until at least six months after the date of the grant. This is because there is a six month time limit under the Inheritance (Provision for Family and Dependents) Act 1975, which runs from the date of the grant of probate.
Executors must not unreasonably delay distributing the estate for their own gain or any other party. However, even after the executors year, the court will not order a distribution of the estate if the executors can show there is good reason to wait.
No probate at all is necessary if the estate is worth less than $5,000 or the amount of the funeral expenses, whichever is less. In that case, anyone (except the surviving spouse) who has paid or is obligated to pay those expenses may ask the court for a summary release from administration.
In other cases, it can be sensible for the Executors to make no payment until at least six months after the date of the grant. This is because there is a six month time limit under the Inheritance (Provision for Family and Dependents) Act 1975, which runs from the date of the grant of probate.

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