How to Apply to Serve as Administrator of a Parent’s Intestate Estate in Ohio

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Short answer

If your mother died in Ohio without a will, you can ask the probate court in the county where she lived to appoint you as the estate administrator. The court will accept a written application (a petition), check who has priority under Ohio law, decide whether to require a fiduciary bond, and issue letters that authorize you to collect assets, pay bills, and distribute property under Ohio’s intestacy rules. This is a court-supervised process managed by the county probate court.

Disclaimer

This article explains general Ohio probate procedures for educational purposes only. It is not legal advice. If your situation involves disputes, significant assets, tax issues, or complicated debts, consult a licensed Ohio attorney for advice tailored to your case.

What the law says (brief)

Ohio’s probate and intestacy rules govern appointment of administrators and distribution of an estate when a person dies without a will. You can read the Ohio Revised Code chapters that apply to probate courts and intestate succession here:

Detailed answer — Step-by-step guide to applying

  1. Confirm there is no valid will.

    Search the decedent’s important papers, check safe-deposit boxes, and ask their attorney, if any. If a will exists, different rules apply (executor appointment). If you cannot find a will and no one presents a valid one, proceed as an intestate estate.

  2. Identify the correct probate court.

    File your petition in the probate court of the county where your mother was domiciled (her usual home) at the time of death. County probate courts handle administrator appointments and estate administration.

  3. Prepare the initial paperwork (petition to appoint an administrator).

    Typical items the court will expect include:

    • A written petition or application for appointment as administrator (available from the county probate court).
    • Certified copy of the death certificate.
    • Information about heirs and next of kin (names, ages, addresses).
    • A list of known assets and debts, if available.
    • Your identification and contact information.

    The court clerk can give applicable local forms and filing fees. Some counties post forms online.

  4. Understand who has priority to be administrator.

    Ohio law gives priority to certain people when appointing an administrator. Common priority order is usually the surviving spouse (if any), then adult children, then other next of kin. If several people with equal priority ask to serve, the court will decide who to appoint, often after a brief hearing. If the surviving spouse or heirs object to your appointment, the court will hold a hearing.

  5. Bond requirement and waivers.

    The probate court commonly requires an administration bond (a fiduciary surety bond) to protect the estate. In many cases, the court will waive the bond if those entitled under intestacy agree in writing to waive it or if the court finds a waiver appropriate. Ask the probate clerk how your county handles bonds and whether a waiver is possible.

  6. Court review and issuance of letters.

    After you file, the court will review the petition and any competing applications. If the court grants your appointment, it will issue written authority (often called letters of administration or letters of authority). Those letters let you legally handle the estate: collect assets, notify creditors, pay bills, sell property when approved, and distribute the estate according to Ohio’s intestacy rules.

  7. Administer the estate according to Ohio law.

    As administrator you must follow probate rules: inventory the assets, notify creditors, file required tax returns, pay valid debts and expenses, and distribute remaining property to heirs according to Ohio law. Keep detailed records and provide accountings to the court if required. The intestacy chapter linked above explains who inherits when there is no will.

  8. Close the estate.

    When administration is complete, file a final accounting and petition for discharge so the court can close the estate and relieve you of fiduciary duties.

Common documents and items to gather now

  • Certified copy of the death certificate (several copies).
  • Photo ID and proof of your address.
  • List of possible heirs (names, addresses, phone numbers).
  • Bank statements, deeds, titles, insurance policies, and retirement account info.
  • Recent bills and mortgage statements.
  • Any letters, notes, or communications that might indicate a will or estate plan.

When you should consult an attorney

Consider hiring an Ohio probate attorney if any of the following apply:

  • Heirs disagree about who should serve.
  • The estate has significant assets, real estate in multiple states, or complex investments.
  • There are substantial debts, tax issues, or business interests.
  • You face creditor litigation or potential estate litigation.
  • You want help with required filings, bond issues, or court accountings.

How long does it take?

Appointment as administrator usually takes a few weeks after filing, depending on county workload and whether others contest the appointment. Closing the estate often takes several months to over a year, depending on the complexity of assets, creditor claims, and required tax filings.

Where to get forms and local help

Helpful hints

  • Get multiple certified death certificates early; banks and agencies usually require them.
  • Collect and organize documents before you file—this speeds the process and reduces legal fees.
  • Ask the probate clerk for sample forms and a checklist for your county; local procedures vary.
  • If you are the likely heir but do not want to serve, you can decline; the court will appoint another qualified person.
  • If family members disagree, request a hearing so the court can resolve the contested appointment.
  • Keep copies of every filing and financial transaction you make as administrator.
  • Consider small-claims or simplified procedures if the estate’s value is low—some counties offer streamlined estate processes for small estates.

Next practical steps

  1. Find the probate court for your mother’s county and call the clerk to ask about local forms and fees.
  2. Gather the documents listed above and check for any known will.
  3. File the petition and attend any hearing the court schedules.
  4. If the court appoints you, follow the court’s instructions about bonds, inventory, notices, and accounting.

If you need help locating the correct probate court or want an attorney referral, a local Ohio bar association or OhioLegalHelp.org can provide resources and referrals to probate lawyers in your area.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.