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Probate is a critical legal process for handling someone’s assets when they pass away. The court oversees the allocation of assets, consuming time and resources. While this process serves as a ...
In 1968, the Modern Courts Amendment to the Ohio Constitution was adopted, establishing probate divisions of the courts of common pleas instead. Probate courts additionally have jurisdiction over the issuance of marriage licenses, adoption proceedings, determination of sanity or mental competency and certain eminent domain proceedings.
Because of tax credits, the effective lower limit on taxable estates was $338,333. Ohio also allowed a "marital deduction" equal to the net value of any asset passing to the surviving spouse. In 2005, another inheritance-related tax, called the Ohio additional estate tax or "pick-up tax", was eliminated [1] (see entry at "sponge tax").
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
The probate court will then oversee the process of distributing the deceased's assets to the proper beneficiaries. A probate court can be petitioned by interested parties in an estate, such as when a beneficiary feels that an estate is being mishandled. The court has the authority to compel an executor to give an account of their actions.
Drafting of the Uniform Probate Code began in 1964. The final version of the original UPC was promulgated in 1969 as a joint project between NCCUSL and the Real Property, Probate and Trust Law Section of the American Bar Association. Richard V. Wellman served as Chief Reporter on the project.