Summary Of General Rights Of Surviving Spouse

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Summary Of General Rights Of Surviving Spouse is a commonly used form within Ohio. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Summary Of General Rights Of Surviving Spouse

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Summary Of General Rights Of Surviving Spouse:

• This form pertains to the State of Ohio

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Ohio’s Form 8.3 - Summary Of General Rights Of Surviving Spouse up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Ohio form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Ohio probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 8.3, take a break, and then review. Probate and estate settlement processes in OH are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form 8.3 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form 8.3 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Summary Of General Rights Of Surviving Spouse to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Ohio.

5 reasons you should submit 8.3 as quickly as possible:

1. The sooner you begin, the faster Ohio can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Ohio. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Ohio is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Ohio probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Ohio probate clerk or court for exact answers regarding Form 8.3, and when in doubt— consult a qualified trust & estates lawyer for that area.

Summary Of General Rights Of Surviving Spouse is one of the many probate court forms available for download through Atticus.

It may also be available through some Ohio probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Ohio.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 8.3 - Summary Of General Rights Of Surviving Spouse f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Ohio probate court office.

Summary Of General Rights Of Surviving Spouse is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Ohio-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Ohio Form 8.3 - Summary Of General Rights Of Surviving Spouse. You can use this to get an idea of the context of the form and what type of information is needed.

FORM 8.3 – SUMMARY OF GENERAL RIGHTS OF SURVIVING SPOUSE Effective Date: October 1, 2020 PROBATE COURT OF ________________ COUNTY, OHIO ESTATE OF: _______________________________________________________________ C ASE NO. _____________________ SUMMARY OF GENERAL RIGHTS OF SURVIVING SPOUSE [R.C. 2106.02] – Date of Death After April 5, 2017 T o: _______________________________ _______________________________ Surviving Spouse Address ___ ____________________________ City, State, Zip Code This is a summary of your general rights as surviving spouse under Chapter 2106 of the Revised Code. Many of these rights have specific time limits in which they must be exercised. If you have questions concerning your rights, you should discuss them with an attorney of your choice. The Court cannot advise you. 1.E lection to Take Under or Against the Will (R.C. 2106.01 - 2106.08) I f you elect to take against the Will, you are entitled to one-half of the decedent’s net estate, unless there are two or more of the decedent’s children or their lineal descendants surviving, in which case you are entitled to one-third of the decedent’s net estate. You will not be entitled to receive any assets given to you under the Will. I f you elect to take under the Will, you will receive those assets given to you under the Will. W hichever choice you make, (unless you elect to take under the Will and the Will specifically precludes you from exercising these rights), you will not be barred from your rights to purchase certain assets at the appraised value, to remain in the mansion house (the residence) for one year, to receive an allowance for support, to receive one or more automobiles not to exceed an aggregate value of $65,000 and one watercraft and one outboard motor owned by the decedent, and such rights as a surviving spouse may be entitled under law. A lthough your election may not affect certain non-probate property, such as joint and survivorship, payable on death, and transfer on death property, it may have an effect on other types of non-probate property, including property held in trust. B efore making your election, you are entitled to file a complaint in this Court asking that the Will be construed. I f you elect to take under the Will, you may do so in writing if you wish, but you may also do so by taking no action. I f you elect to take against the Will, you must do so in person before the Probate Judge or a Magistrate. This election must be exercised within five months from the date of the initial appointment of the administrator or executor of the estate or it is forfeited. 2.R ight to Receive Mansion House (R.C. 2106.10) D epending upon the value of the real estate, you may have the right to receive the mansion house (the residence) as part of your inheritance. 3.R ight to Place Charge on Real Estate (R.C. 2106.11) I f there is no Will and there are insufficient assets to pay the specific monetary share due to the surviving spouse pursuant to R.C. 2106.05, you have the right to place a charge (lien) on any real property included in the probate estate in the amount of the unpaid portion of the specific monetary share. [Page 2 of 2 Form 8.3] CASE NO. ___________________ FORM 8.3 – SUMMARY OF GENERAL RIGHTS OF SURVIVING SPOUSE Effective Date: October 1, 2020 4. Allowance for Support (R.C. 2106.13) You may be entitled to an allowance for support. For deaths occurring after March 18, 1999, the amount is $40,000 of probate assets. If there are one or more minor children of the decedent, not the children of the surviving spouse, this Court will apportion the allowance among those children and the surviving spouse. 5. Right to Remain in the Mansion House (R.C. 2106.15) You have the right to remain in the mansion house (the residence), if it is a probate asset, for a period of one year from the date of death without the payment of rent to the estate. If the mansion house is sold to pay debts during this period of time, you may be entitled to the fair rental value of the mansion house. This election must be exercised within five months from the initial appointment of the administrator or executor or the right is forfeited. 6. Right to Purchase Property (R.C. 2106.16) You have the right to purchase assets of the probate estate at the appraised values. The application or petition to purchase the assets must be filed within one month of the approval of the inventory or the right is forfeited. 7. Right to Automobiles (R.C. 2106.18) You may be entitled to receive one or more automobiles, not specifically bequeathed, that would otherwise be included in the probate estate and do not exceed an aggregate value of $65,000. This election may affect the amount you may receive under the Allowance for Support. This election must be exercised within five months from the initial appointment of the administrator or executor or the right is forfeited. 8. Right to Watercraft and Outboard Motor (R.C. 2106.19) You may be entitled to receive one watercraft, one watercraft trailer, and one outboard motor, not specifically bequeathed, that would otherwise be included in the probate estate. This election must be exercised within five months from the initial appointment of the administrator or executor or the right is forfeited. 9. Right to Reimbursement of Funeral Bill (R.C. 2106.20) You may be entitled to be reimbursed for the payment of the funeral bill. If the estate is insolvent, you will receive the same statutory priority as granted to the funeral and burial expenses. 10. Right to Challenge Antenuptial or Separation Agreement (R.C. 2106.22) You are entitled to file an action to contest the validity of an antenuptial or separation agreement. This action must be filed within four months after the appointment of the executor or administrator or the right is forfeited. This is a summary of your general rights. There may be additional rights to which you are entitled. Ohio Revised Code § 2106.25 states: Unless otherwise specified by a provision of the Revised Code or this section, a surviving spouse shall exercise all rights under Chapter 2106 of the Revised Code within five months of the initial appointment of an executor or administrator of the estate. It is conclusively presumed that a surviving spouse has waived any right not exercised within that five-month period or within any longer period of time allowed by the court pursuant to this section. Upon the filing of a motion to extend the time for exercising a right under Chapter 2106 of the Revised Code and for good cause shown, the court may allow further time for exercising the right that is the subject of the motion.