[Your Name] [Your Address] [City, State, Zip] [Date] [Recipient's Name] [Recipient's Address] [City, State, Zip] Subject: Ohio Sample Letter regarding Motion to Sell Property of an Estate Dear [Recipient's Name], I hope this letter finds you well. I am writing to formally request your assistance in the matter of selling a property as part of an estate in the state of Ohio. As the appointed executor/administrator of the estate, it is my responsibility to oversee the various legal procedures involved in the estate administration process. The purpose of this letter is to submit a Motion to Sell Property for your consideration and eventual action. As per Ohio Law, specifically Ohio Revised Code Section [relevant section number], this motion is necessary to seek approval from the court for the sale of real property owned by the deceased individual's estate. In accordance with the aforementioned statute, I have enclosed all the required documentation as mandated by Ohio law, including: 1. Motion to Sell Property: This is a formal written request to the court seeking permission to sell the property and includes details such as the property address, the reasons for the sale, and any relevant supporting information. 2. Affidavit of Appeasement: This document provides a comprehensive appraisal report of the property, including the current market value and any relevant supporting information regarding the appraisal process. 3. Notice of Hearing: This notice serves as information to all interested parties, including heirs, beneficiaries, and other individuals with a legal interest, about the scheduled hearing to review the Motion to Sell Property. 4. Proposed Order to Approve the Sale: This document details the terms and conditions related to the sale, including the sale price, any contingencies, and the proposed distribution of the proceeds. 5. Inventory and Appeasement: An updated inventory of all assets held by the estate, including the property in question, along with their respective values. As required by Ohio law, I have completed the necessary due diligence to ensure the estimated sale price reasonably reflects the market value of the property. Furthermore, I have obtained proper legal counsel to guide me through this process and ensure compliance with all applicable laws. I kindly request your prompt attention to this matter, as the timely approval of the Motion to Sell Property is crucial for the efficient administration of the estate. I am available for any additional information or clarification required regarding the documentation enclosed or the sale of the property. Thank you for your time and consideration. I look forward to your favorable response. Sincerely, [Your Name] [Your Contact Information] [Enclosures: Motion to Sell Property, Affidavit of Appeasement, Notice of Hearing, Proposed Order to Approve the Sale, Inventory and Appeasement]
Ohio Sample Letter regarding Motion to Sell Property of an Estate
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FAQ
(B) An executor, administrator, or administrator with the will annexed may commence an action in the probate court, on the executor or administrator's own motion, to sell any part or all of the decedent's real property, even though the real property is not required to be sold to pay debts or legacies.
How long is the Ohio probate process? Most probate cases can be completed in around nine months. Because creditors have six months to file a claim, the process will at least take that long. More complicated estates or cases in which someone is contesting the will can take over a year to resolve.
The more complicated an estate is the more likely you are to benefit from professional legal guidance during the probate. An estate with a lot of property, a business and or many high-value items will require some legal assistance due to the sheer number of assets and legalities involved.
Ohio law allows for certain small estates to be handled in less time, and with less paperwork. If an estate is eligible, one may submit an Application to Relieve from Administration or a Summary Release from Administration to settle an estate.
Most straightforward probate cases can be wrapped up within about nine months after the executor or administrator is appointed. Creditors have six months to file a claim, so probate must last at least that long. If the estate owes state or federal estate tax, it's likely to take a year or more.
After the debt has been paid, the executor or administrator of the estate will ask the probate court for permission to close probate and allow him or her to distribute the remaining assets to the estate's beneficiaries.
There is a duty of competency, a duty of disclosure, a duty of loyalty, and a duty of impartiality. These duties are intended to defend the interests of the heirs of the Decedent's estate, the estate creditors, and the taxing authorities.
If the decedent did not have a will (or the will did not specifically say the Executor has the power to sell real estate), then the real property may only be sold 1) if all beneficiaries or heirs consent, or 2) though a court-supervised ?land sale? proceeding.
