Disclaimer: I am not a lawyer. This article explains general Ohio probate practice for educational purposes only and does not constitute legal advice. For help on your specific situation, consult a licensed Ohio attorney or the probate court.
Detailed answer — how to get the probate court’s permission to sell estate property in Ohio when the clerk won’t explain filing requirements
When someone who owned real estate dies, the estate’s personal representative (executor or administrator) often must get the probate court’s approval before selling that real property. Ohio law gives probate courts authority over decedents’ estates and sets the framework for how sales are approved; the governing statutes are collected in Ohio Revised Code Chapter 2113 (Decedents’ Estates) and related chapters. See Ohio Rev. Code ch. 2113: https://codes.ohio.gov/ohio-revised-code/chapter/2113.
If a clerk’s office is unwilling or unable to explain the legal filing steps (they can usually provide forms and accept filings but cannot give legal advice), follow these steps to obtain the court’s permission to sell:
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Confirm who has authority to act:
The person asking to sell must be the estate’s appointed personal representative. If no representative is appointed, you must open an estate and have the court appoint one before a sale can proceed. If you’re not sure who the personal representative is, check the court file for letters of authority (often called “Letters Testamentary” or “Letters of Authority”).
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Check the will and statutory authority:
Read the will (if there is one) to see if it gives the personal representative power to sell real estate without prior court approval. If the will expressly grants a power of sale, the representative may be able to sell under that authority; if not, or if no will exists, the representative typically must ask the court for authority. Ohio probate statutes and local court rules control when an order is required—see the Decedents’ Estates chapter for general law: https://codes.ohio.gov/ohio-revised-code/chapter/2113.
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Gather the materials the court will expect:
Even if the clerk won’t give advice, most courts will accept and file a petition or motion if you supply required documents. Typical items the court wants:
- A formal petition or motion asking for authority to sell the real property (title the document “Petition for Authority to Sell Real Property” or “Motion to Authorize Sale of Real Property”).
- Copy of the death certificate.
- Letters of authority showing your appointment as personal representative.
- A proposed purchase agreement or copy of the contract for sale (if you have a buyer).
- An appraisal or market valuation supporting the sale price (many courts require an appraisal or two independent valuations for the record).
- A legal description and address of the property and a short explanation of why sale is needed (to pay debts, divide assets, preserve value, etc.).
- A proposed court order (draft order) for the judge to sign authorizing the sale on set terms.
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File a petition or motion with the probate court:
File the paperwork with the probate clerk. The clerk’s office can accept filings and tell you required fees and the case number, but they cannot interpret the law for you. When filing, ask the clerk for the court’s local rules, any local form for a petition to sell real estate, and the required service/notice procedure.
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Provide notice to interested parties and creditors:
Ohio courts require notice to beneficiaries, heirs, and sometimes creditors so they can object. Local rules set timing and method (personal service, certified mail, or publication). If you fail to provide proper notice, the sale could be set aside.
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Attend the hearing and ask for the order:
The court may set a hearing to consider objections and confirm the sale. Be ready to explain why the sale is in the estate’s best interest and provide the appraisal and proposed contract. If there are no objections and the judge finds the sale reasonable, the judge will sign an order authorizing the sale. That order is what the buyer and closing agent will need to transfer title.
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Record or present the order at closing:
After the judge signs the authorization, provide the order to the title company or closing agent. The order may instruct how proceeds are to be handled (to pay debts, be deposited, or distributed). The clerk can file the order in the estate case file and may provide certified copies on request.
If the estate property is being sold to a related party (an heir, beneficiary, or the personal representative), the court will scrutinize the transaction more closely. The judge may require additional notice or that the sale be confirmed at a hearing after higher scrutiny or an overbid process.
What to do when the clerk’s office won’t explain the filing requirements
- Ask the clerk for the court’s local rules and any downloadable forms or filing checklists; clerks can and should provide these materials without giving legal advice.
- Request examples of prior court orders authorizing sales in similar cases (many courts will let you review the public file or give redacted copies of standard orders).
- Use the court’s website. Many Ohio probate courts publish local forms and step-by-step instructions online.
- Call the probate court’s calendar or scheduling office to confirm how hearings are set and how much advance notice is required for service.
- If the clerk refuses to file or accept a document you believe is properly prepared, ask to speak to the judge’s bailiff or the court administrator about filing procedures or contact the judge’s chambers for procedural guidance (not legal advice).
When to hire an attorney
Hire an attorney if any of the following apply:
- Heirs or beneficiaries object to the sale.
- The estate has complex debts, liens, mortgages, or tax consequences.
- The proposed buyer is an interested person (relative, beneficiary, or the personal representative) and you anticipate a contested confirmation.
- You’re the personal representative but don’t fully understand the duties, potential liabilities, or the applicable statutes.
Useful Ohio legal resources
- Ohio Revised Code — Decedents’ Estates (Chapter 2113): https://codes.ohio.gov/ohio-revised-code/chapter/2113
- Ohio Revised Code — Intestate succession and related sections (Chapter 2115): https://codes.ohio.gov/ohio-revised-code/chapter/2115
Helpful Hints
- Prepare a clean packet before you go to the clerk: petition/motion, proposed order, appraisal, contract, letters of authority, and a copy of the death certificate.
- Label your filing clearly (“Petition for Authority to Sell Real Property”) so the clerk can route the document to the probate judge’s office for review and scheduling.
- Bring multiple copies of everything: one for the court file and one for each interested party who must be served.
- If you can’t afford an attorney, contact local legal aid organizations or the Ohio State Bar Association referral service for low-cost or pro bono help.
- Keep a complete service record (who you served, how, and when). If a sale is later challenged, accurate notice proof protects the estate and the buyer.
- When in doubt, get a brief consult with a probate attorney. A short consultation can prevent procedural mistakes that cause delays or expensive litigation.
Following these steps will help you get the court’s permission to sell estate property in Ohio even when a clerk’s office will only provide neutral procedural assistance. The key is to prepare the correct petition, provide required notices, and present adequate supporting evidence (appraisal, contract) so the judge can safely authorize the sale.