State Laws
Probate in Ohio
Application for Probate of Will
To initiate probate proceedings, the person named as executor must first obtain Letters of Authority by filing the following with the probate court for the county where the decedent resided[4]:
- Surviving Spouse, Children, Next of Kin, Legatees and Devisees
- Application to Probate Will
- Application for Authority to Administer Estate
- Entry Appointing Fiduciary; Letters of Authority
- Fiduciary’s Acceptance
- Statement of Permanent Address
- Classification Form for Estates (required in some counties)
- Last Will and Testament
- Death Certificate
The executor must send interested parties a Notice of Probate of Will, then file copies of the Notice, proof of service, Certificate of Service of Notice of Probate of Will, Inventory and Appraisal, and Schedule of Assets with the court.[5] The executor must then send interested parties a Notice of Hearing on Inventory, file copies and proof of service with the court, and attend the inventory hearing.[6]
After settling estate obligations, the executor must file a Receipts and Disbursements, Fiduciary’s Account, and Certificate of Service of Account to Heirs or Beneficiaries with the court, mail beneficiaries the Receipts, Account, and Notice of Hearing on Account, and file copies of the Notice and proof of service with the court.[7] After the account hearing, the executor must distribute the assets.[8]
Small Estates
Estates less than $35,000 in value (or $100,000 if the surviving spouse is the sole beneficiary) can be distributed without full administration with a Application to Relieve Estate From Administration.[9]
Resources
Forms
- Surviving Spouse, Children, Next of Kin, Legatees and Devisees
- Application to Probate Will
- Application for Authority to Administer Estate
- Entry Appointing Fiduciary; Letters of Authority
- Fiduciary’s Acceptance
- Statement of Permanent Address
- Notice of Probate of Will
- Certificate of Service of Notice of Probate of Will
- Inventory and Appraisal
- Schedule of Assets
- Notice of Hearing on Inventory
- Receipts and Disbursements
- Fiduciary’s Account
- Certificate of Service of Account to Heirs or Beneficiaries
- Notice of Hearing on Account
Links
Sources
- § 2107.02
- § 2107.03
- § 2107.33(A)
- Instructions for Full Administration of Estate pg. 4, §§ 2109.02, 2109.21(F), E-filing Guide
- §§ 2107.19, 2115.02, Instructions for Full Administration of Estate pg. 3 & 6
- § 2115.16, Instructions for Full Administration of Estate pg. 7
- §§ 2109.30(A), 2109.32(B)(1) & (2), 2109.33, Probate Court Guidelines pg. 37
- §§ 2113.53(A), 2113.55
- § 2113.03(A)