Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Determine the Original Venue
Under Ohio law, you must open a decedent’s estate in the probate court of the county where the decedent resided at the time of death. ORC §2109.02 states: “Venue for probate of intestate and testamentary proceedings lies in the probate court of the county in which the decedent resided or in which real or personal property of the decedent is located.”1
• Resident Decedent: If the decedent maintained a principal residence in Franklin County, for example, venue lies there.
• Nonresident Decedent: If the decedent lived outside Ohio but owned property in Cuyahoga County, you open the estate in Cuyahoga County.
2. Opening a Small or Ancillary Estate
If the total personal property value falls below the small-estate threshold, you can use the simplified affidavit procedure in ORC §2113.04.2 This allows a successor to collect assets without formal administration, typically in the county where the property lies.
If the decedent’s estate already has administration in one county but significant assets lie elsewhere, you can open an ancillary administration in that other county under ORC §2113.06.3 You file a new application, attach certified letters from the primary court, and identify the assets located in the second county.
3. Transferring an Open Estate
Ohio probate courts may transfer a proceeding when the interests of justice and convenience of parties favor relocation. Although Ohio law does not set a separate “venue transfer” statute for probate, courts rely on ORC §2109.02’s venue rules and case law to grant motions. You must demonstrate:
- The decedent had no residence in the current venue.
- All or most estate assets lie in the proposed new county.
- Transfer serves convenience and reduces litigation costs.
To seek transfer, file a motion with the current probate court, provide notice to interested parties, and show compliance with statutory venue criteria. The court will evaluate whether shifting the case will streamline asset collection and distribution.
Helpful Hints
- Confirm residency: Collect proof of the decedent’s last address (driver’s license, utility bills).
- Inventory assets: List real estate, bank accounts, and personal property by county.
- Review small-estate limits: Check current thresholds under ORC §2113.04 before using affidavit probate.
- Consider ancillary probate: Use ORC §2113.06 for assets in multiple counties.
- Consult local court rules: Each Ohio county may have specific procedural requirements.
- Keep records: Save filings, notices, and estate inventories for future disputes.
1. https://codes.ohio.gov/ohio-revised-code/section-2109.02
2. https://codes.ohio.gov/ohio-revised-code/section-2113.04
3. https://codes.ohio.gov/ohio-revised-code/section-2113.06