Detailed Answer
When someone dies without a valid will in Ohio, the court calls this an intestate death. The probate court then appoints an administrator to manage the estate, gather assets, pay debts, and distribute the remainder under Ohio’s intestacy laws.
1. Priority for Appointment
Ohio law lists who may serve first. Under Ohio Revised Code § 2109.02, the order is:
- Surviving spouse
- Children or their descendants
- Parents of the decedent
- Siblings or their descendants
- Other next of kin
- Any person willing to serve and post bond (including creditors)
If more than one person in the same priority class applies, the court may choose among them.
2. Eligibility and Bond Requirements
To qualify, an applicant must be at least 18 years old and of sound mind. Under ORC § 2109.06, the court requires a surety bond unless the estate is exempt. The bond amount generally equals the value of the estate’s personal property plus anticipated income during administration.
3. Filing the Application
The applicant files a Petition for Appointment of Administrator with the probate court in the county where the decedent lived. Required information includes:
- Decedent’s name, date of death, and last address
- Names and addresses of next of kin
- Estimated value of assets and liabilities
- Relationship between applicant and decedent
See ORC § 2109.03 for detailed petition requirements.
4. Notice to Interested Parties
After filing, the court issues a notice of the hearing date. The petitioner must mail or hand-deliver notice to close relatives, beneficiaries, and any creditors. This step ensures potential heirs can object if they believe someone else has higher priority.
5. Court Hearing and Letters of Administration
At the hearing, the judge confirms the petitioner’s priority, qualifications, and bond. Once approved, the court issues Letters of Administration. These letters give the administrator legal authority to:
- Collect and safeguard estate assets
- Pay valid debts and taxes
- File inventory and accountings with the court
- Distribute the estate under ORC Chapter 2113
Disclaimer: This article provides general legal information under Ohio law and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Helpful Hints
- Check the probate court’s website for local filing fees and forms.
- Gather death certificate copies before filing the petition.
- Notify all next of kin promptly to avoid delays or disputes.
- Get multiple bond quotes from surety companies to find the best rate.
- Keep detailed records of all estate transactions and file accountings on time.