Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Ohio probate courts appoint an estate administrator according to the priority list in Ohio Revised Code §2113.06 (Ohio Rev. Code §2113.06). The usual order is:
- Surviving spouse
- Children
- Parents
- Siblings
- Next of kin
- Creditors or other persons
To seek appointment, a person must file an application for letters of administration with the probate court clerk under R.C. 2109.21 (Ohio Rev. Code §2109.21). The application typically requires:
- Filing fee
- Proposed fiduciary bond
- Consent or renunciation forms from other heirs
If a higher-priority heir stands in the way, a lower-priority applicant may proceed by one of these methods:
1. Renunciation by the Higher-Priority Heir
The heir entitled to priority can formally give up their right to serve by filing a renunciation under R.C. 2109.31 (Ohio Rev. Code §2109.31). Once the court accepts the renunciation, the next heir in line may obtain the appointment.
2. Disqualification of the Higher-Priority Heir
You can ask the court to disqualify an heir who is ineligible or unfit. Statutory grounds include felony convictions, lack of mental capacity, conflict of interest or failure to post bond (Ohio Rev. Code §2109.02).
File an objection or motion with the probate court. The court will hold a hearing and may refuse or revoke letters of administration under R.C. 2109.24 (Ohio Rev. Code §2109.24).
3. Court Approval of Special Circumstance
In rare cases, if a higher-priority heir cannot serve (due to incapacity, long-term unavailability, or conflict), the court may bypass strict priority to appoint the person best able to administer the estate. You must present clear evidence of necessity at a probate hearing.
Helpful Hints
- Review R.C. 2113.06 to confirm the full list of priority heirs.
- Obtain and complete the official probate court application forms.
- If seeking renunciation, follow the format and timing requirements in R.C. 2109.31.
- Gather documentation (e.g., medical records, criminal history) if moving to disqualify an heir.
- Consider alternative dispute resolution among heirs to minimize delays and costs.
- Keep track of filing deadlines and court notice requirements to avoid dismissal.