Disclaimer: This article is for educational purposes only and is not legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
In Ohio, the person appointed to administer a deceased person’s estate is called the personal representative (often formerly called an executor or administrator). If there is no valid will, Ohio law establishes a priority list for appointing an administrator under Ohio Revised Code § 2101.24. A mother-in-law does not appear among the first tiers of preferred candidates.
Ohio’s Priority List for Appointment
Under R.C. 2101.24(B), the preferred order is:
- Surviving spouse
- Adult children
- Parents
- Siblings
- Next of kin
- Creditors (if no family member applies)
A mother-in-law is not specifically listed. She would fall into the “next of kin” category only if no higher-priority person is willing or eligible to serve. The probate court may appoint anyone willing and qualified, but will generally follow statutory priority.
When a Mother-in-Law May Serve
- If the decedent left a valid will naming you as personal representative, the court typically honors that choice under R.C. 2113.31, even if you’re a mother-in-law.
- If there is no will and no spouse, children, parents, or siblings apply, the court may consider more distant relatives, including a mother-in-law, under its equitable authority.
- You must be over 18, mentally competent, and not convicted of certain felonies (R.C. 2101.24(D)).
How to Open an Estate in Ohio
1. File a Statement of Death and Application for Authority to Administer Estate with the probate court in the county where the decedent lived.
2. Provide the original will (if any) and death certificate.
3. Pay the filing fee (varies by county).
4. Publish notice to creditors in accordance with R.C. 2117.06.
5. Obtain Letters of Authority once appointed.
Helpful Hints
- Review the will carefully. A valid will overrides the statutory priority list.
- Check for advance designation of personal representative in the will or a power of attorney document.
- Confirm no one higher on the priority list intends to serve or has filed.
- Gather contact info for all next of kin; the court may require proof of notice.
- Consider hiring a probate attorney to handle court filings and deadlines.