If my dad died without a Will, how do we transfer her assets to my mother?

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If my dad died without a Will, how do we transfer her assets to my mother?

My mother is his surviving spouse. His bank account is frozen and she was only able to transfer 2 of their 3 cars into her name. We were told to contact Probate but they were unable to tell us what forms we needed to file to have his assets released to my mother. What do we need to do?

Asked on February 10, 2012 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  If your Father died with out a Will then you have to file for an Administration proceeding in the Ohio Probate Court.  The proceeding requires that you file a petition which is a bunch of papers that has you list assets and beneficiaries.  You pay a fee and the person applying to be the Administrator is appointed and gets Letters of Administration which will give them the right to withdraw estate funds, etc.  Now, generally you can get Temorary Letters issued in an emergency situation or if the bank account and assets are not significant then a small estate may be possible.  If the house was jointly held then it passed to your Mom automatically so it is not included.  Good luck.


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