Detailed Answer
Although the original question mentions probate in another state, this article explains how Ohio handles an out-of-state will when the decedent had assets or property in Ohio. The exact time to admit an out-of-state will and obtain authority to act (letters testamentary or letters of administration) depends on several facts, but the typical timeframes and key steps are described below.
What “out-of-state will” means for Ohio probate
An out-of-state will is simply a valid will signed under the laws of another state. If the person who died owned real estate or other probate assets located in Ohio, the will usually must be presented to an Ohio probate court for local administration (this is often called ancillary probate for non-domiciliary estates). Ohio’s rules about wills and estate administration appear in the Ohio Revised Code chapter on wills and estate administration. See Ohio Revised Code, Chapter 2107 (Wills) and Chapter 2113 (Administration of Decedent’s Estate): ORC Chapter 2107, ORC Chapter 2113.
Typical steps the probate court will follow
- File the original will and a certified death certificate with the probate court in the county where the Ohio property is located (or where the decedent resided if domiciled in Ohio).
- File an application for probate and for appointment of a personal representative (executor/administrator).
- Provide required notice to heirs and interested parties. The court typically requires notice by mail and sometimes by publication depending on the case.
- The court reviews the will. If the will is “self-proved” (contains a valid self-proving affidavit), the court can often admit the will without witness testimony. If not self-proved, testimony or additional proof of proper execution may be required.
- If there is no contest and the documents are in order, the court issues letters testamentary or letters of administration so the appointed personal representative can act.
- The representative then completes estate administration tasks (inventory, creditor notice, paying debts and taxes, distributing assets) under Ohio law.
How long it usually takes — common timelines
These are general estimates for uncontested cases. Local practice and case-specific issues change timelines significantly.
- Simple, uncontested out-of-state will that is self-proved and accompanied by the original will and death certificate: 4–8 weeks from filing to issuance of letters in many counties.
- If the will is not self-proved or the court asks for witness proof: 2–3 months is common because the court may need to arrange testimony or additional verification.
- Ancillary probate for a nonresident who owned Ohio real property: 2–6 months in routine cases, because the court handles both admission of the will and local administration for Ohio assets.
- If heirs or creditors contest the will, or if heirs’ identities or asset valuations are disputed: 6 months to several years, depending on litigation and appeals.
Note: some probate courts are faster; others have heavier dockets and longer processing times. Local practice, missing documents, the need to locate witnesses, or complex asset issues (e.g., business interests, title problems) will lengthen the process.
Common reasons for delays
- Missing original will or only a copy is presented — courts usually want the original document.
- Will not accompanied by a certified death certificate.
- Will lacks a self-proving affidavit and witnesses are unavailable or deceased.
- Competing claims or heirs contesting the will.
- Complex assets (real estate needing title clearing, out-of-state bank accounts, business ownership).
- Failure to give proper notice to interested parties or creditors.
Practical example (hypothetical)
Hypothetical: Jane died domiciled in another state but owned a house in an Ohio county. The family locates Jane’s original will—signed and notarized, with a self-proving affidavit—and obtains a certified copy of the death certificate. They file those documents and an application with the Ohio probate court where the house is located. Because the will is self-proved and no one contests, the local court admits the will and issues letters within about 4–6 weeks. If, however, the will lacked the self-proving affidavit and the attesting witnesses live in another state and cannot travel, the court may require depositions or further proof and the timeline could extend to several months.
How to move the process along
- File the original will (never a photocopy) and several certified copies of the death certificate.
- Bring a clear, signed application for probate and contact information for known heirs and beneficiaries.
- If the will is from another state, include any foreign probate documents if the will was previously admitted elsewhere (an exemplified or certified copy of a prior probate decree helps).
- Ask the probate court clerk for a checklist or local filing requirements—counties differ in local forms and procedures.
- Consider hiring a probate attorney in the Ohio county where property is located if the estate involves real property, complex assets, or likely disputes.