Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific needs.
Detailed Answer
To begin estate administration in Ohio, you must gather essential documents and certificates. This preparation streamlines the probate process under the Ohio Revised Code. Below is a comprehensive list of what you need:
1. Death Certificate
Request multiple certified copies of the decedent’s death certificate from the Ohio Department of Health Vital Statistics. Most institutions require at least 5–10 certified copies for asset transfers and claims.
2. Original Will and Codicils
Locate the original will and any codicils. Under ORC 2113.03, you must file the will with the probate court in the decedent’s county of residence.
3. Probate Court Forms
Complete and file the Application for Appointment of Fiduciary and Letters of Authority, as required by ORC 2113.03. If the court mandates a bond, follow ORC 2109.31 for details on bond amounts and procedures. Check local probate court rules for additional forms.
4. Asset and Liability Inventory
Prepare a detailed inventory of the decedent’s assets and liabilities. Key items include:
- Real estate deeds and mortgage statements
- Bank and brokerage account statements
- Vehicle titles and registrations
- Life insurance policies and retirement account statements
- Business interests and stock certificates
5. Tax Records
Gather the decedent’s federal and Ohio income tax returns for the last 3–5 years. If the estate’s value exceeds federal exemption limits, prepare to file IRS Form 706.
6. Beneficiary and Creditor Information
Compile current contact information for beneficiaries named in the will or by statute (ORC 2111.02) and known creditors. This list ensures you meet notice requirements and deadlines.
7. Additional Certificates and Contracts
- Prepaid funeral or burial contracts
- Vehicle or vessel titles not already listed
- Trust agreements, if the decedent created inter vivos trusts
After collecting these items, file the required documents and certificates with the probate court. The court will issue Letters of Authority, empowering you as executor or administrator to manage and distribute the estate.
Helpful Hints
- Order at least 10 certified death certificates to cover all institutions.
- Store originals in a secure, well-organized file.
- Review your county’s probate court website for specific filing requirements.
- Notify financial institutions promptly to freeze accounts and prevent unauthorized transactions.
- Track creditor claim deadlines under ORC 2117.06 to limit liability.