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This article explains how a decedent’s next of kin can qualify to be appointed administrator of the decedent’s estate in Ohio. It summarizes who counts as next of kin, the statutory priority for appointment, basic eligibility rules, the court process to ask for appointment, and common issues that can affect qualification. This is an educational summary only and is not legal advice.

Who counts as “next of kin” in Ohio?

“Next of kin” generally means the decedent’s closest living blood relatives and, in many cases, a surviving spouse. For purposes of appointment as administrator (when someone dies without naming an executor), Ohio’s probate rules follow the order of priority laid out for administration and intestate succession. The primary categories are:

• Surviving spouse
• Children (including legally adopted children)
• Parents
• Siblings
• More remote blood relatives (grandchildren, nieces/nephews, etc.)

For statutory detail about persons entitled to administer a decedent’s estate, see Ohio Revised Code Chapter 2113: https://codes.ohio.gov/ohio-revised-code/chapter/2113. Section lists and order of priority are set by statute and interpreted by probate courts; see, for example, ORC section 2113.02 (order of preference for administration): https://codes.ohio.gov/ohio-revised-code/section-2113.02.

Who has the first right to be appointed?

Ohio gives priority to certain persons when an administrator is needed. In simple terms:

• The surviving spouse commonly has primary preference, especially when there are no surviving children from another relationship.
• If there is no surviving spouse, or if the spouse does not qualify or declines, adult children are next in line.
• If no children, the decedent’s parents or other relatives may be entitled.

When multiple people within the same priority class seek appointment (for example, two adult children), the probate court will consider agreement among them or may appoint the person the court finds most appropriate. The statutory order and rules give guidance, but the local probate court has authority to resolve disputes.

Basic eligibility requirements for an administrator in Ohio

To qualify to be appointed administrator, a next of kin usually must meet these basic criteria:

• Be an adult (generally 18 or older) and legally competent.
• Be willing and able to act—i.e., able to manage estate administration duties or to identify a qualified successor.
• Not be under a statutory disqualification (such as certain incapacity or other restrictions under Ohio law).
• Be acceptable to the probate court and not otherwise disqualified by the court for cause.

Ohio law also addresses bond requirements, residency issues, and disqualifications. Probate courts commonly require an administrator to post a fiduciary bond unless the beneficiaries or a will waive the bond. Exact rules on who is disqualified or when a bond is required are in the statutes and local court rules.

How to apply for appointment as administrator (practical steps)

Typical steps to qualify and be appointed:

1. Find the correct probate court — the court where the decedent lived at death. The Ohio Supreme Court lists county probate court information.
2. Obtain the death certificate — you will file a certified copy with the application.
3. Complete and file the application/petition for appointment as administrator. Probate courts use standard forms or local variations.
4. Provide required information and ID — names and addresses of heirs, estimated estate assets and debts, and your relationship to decedent.
5. Serve or notify interested persons — the court will require notice to heirs and interested parties per statute and local rule.
6. Address bond — the court will set a bond amount unless waived in writing by those entitled to the estate or by statute.
7. Attend any required hearing — the court will review the application and, if everything is in order and you are eligible and entitled, issue letters of authority (Letters of Administration).

Forms and specific filing procedures vary by county. Contact the local probate court clerk or review the court’s website for application forms and filing fees.

What happens when more than one next of kin seeks appointment?

If several people in the same priority class apply, the probate court may:

• Accept an agreement among them about who will serve;
• Appoint the person the court finds best suited; or
• Require a vote among those entitled or resolve the dispute in a hearing.

If a person entitled to appointment objects to another applicant, bring that to the court’s attention during the application process. The court will weigh fitness, willingness to serve, potential conflicts, and bond considerations.

Common complications that can affect qualification

• Minor heirs: a minor cannot be appointed as administrator. A guardian or another qualified adult may be appointed instead.
• Felony convictions or incapacity: probate courts can deny appointment if the applicant has disqualifying legal issues.
• Conflicts of interest: if an applicant has business or legal conflicts with the estate, the court may refuse appointment or impose conditions.
• Multiple jurisdictions or property in other states: property located outside Ohio may require ancillary administration in the other state.

What to bring to court (practical checklist)

• Certified copy of the death certificate.
• Identification (government ID).
• Names and addresses of heirs and beneficiaries.
• Estimate of estate assets and liabilities.
• Completed application/petition forms required by the probate court.
• Any written waivers of bond from heirs or the surviving spouse if available.

Where to find the law and local procedures

Ohio Revised Code Chapter 2113 covers administration and priority rules: https://codes.ohio.gov/ohio-revised-code/chapter/2113. For the specific statutory provision on the order of preference for appointment, see ORC section 2113.02: https://codes.ohio.gov/ohio-revised-code/section-2113.02. For procedural forms and county-specific rules, contact the decedent’s county probate court or visit the court’s website.