Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Determine Jurisdiction and Venue
In Ohio, probate proceedings occur in the county where the decedent resided at death. Under Ohio Revised Code § 2107.02, you file your petition in the probate court of that county. If the decedent owned real property in another county, ancillary probate may be necessary there.
2. Identify the Proper Probate Process
Ohio offers two main routes:
- Full administration: For estates of any size, you initiate formal probate by petitioning for “Letters Testamentary” (if there’s a will) or “Letters of Authority” (if there’s no will). See Ohio Rev. Code § 2107.01.
- Small estate procedure: If the estate’s personal property value (excluding real estate) is under $35,000, you may use the small‐estate affidavit under Ohio Rev. Code § 2113.031 to collect assets without full probate.
3. Gather Required Documents
- Original death certificate
- Original will (if available)
- List of assets and debts
- Names and addresses of heirs or beneficiaries
4. Prepare and File Your Petition
Complete the probate court’s petition form for authority to administer. Attach the death certificate and will (if probating a will). Filing fees vary by county but typically range from $150 to $200.
5. Appointment of Personal Representative
Once the court reviews your petition, it issues Letters Testamentary or Letters of Authority. As the appointed personal representative, you gain legal authority to collect assets, pay debts, and distribute property under Ohio Rev. Code § 2105.06.
6. Notify Creditors and Heirs
You must publish notice to creditors in a local newspaper and mail notice to known creditors. Ohio Rev. Code § 2117.06 governs the deadline for filing claims. Provide heirs and beneficiaries with a copy of the notice.
7. Administer the Estate
Collect bank accounts, investments, and other assets. Pay valid debts and taxes. Prepare an inventory and file it with the court. Finally, distribute remaining assets to beneficiaries or heirs, obtain a final accounting, and request discharge of the personal representative.
Helpful Hints
- Contact the probate clerk early to confirm local forms and deadlines.
- Obtain at least 5 certified death certificates for banks and government agencies.
- Consider bonding requirements; some courts waive bonds for will-named executors.
- Keep organized records of all communications and transactions.
- Consult a probate attorney if disputes arise or the estate is complex.