Detailed answer — how appointment works under Ohio law

When a person dies, someone must be authorized by the probate court to manage the decedent’s estate, pay debts, and distribute assets. If the decedent left a valid will, the will usually names an executor (also called a personal representative). If there is no will, no executor available, or the named executor cannot or will not serve, the court appoints an administrator (or administrators). The probate court in the county where the deceased lived handles the appointment.

Ohio law sets out the probate court’s authority and the general rules governing estate administration; see the Ohio Revised Code governing probate and estates (for example, Chapters related to probate courts and estate administration). A useful starting place is the Ohio Revised Code chapter on descent and distribution and related probate chapters: Ohio Rev. Code, Ch. 2113 and the chapter addressing probate courts: Ohio Rev. Code, Ch. 2109. These chapters explain the court’s powers and the basic rules for distributing an estate when a will is not controlling.

In practice, the process to be appointed as an administrator or co-administrator in Ohio usually follows the same basic steps described below.

Step-by-step: How to seek appointment

1. Confirm the need for appointment. If there is a valid will and the named executor can serve, the court typically issues letters testamentary to that person. If no valid will exists or the named executor cannot serve, an administrator is appointed. If a will names more than one personal representative or the court joins administrators, co-administrators can be appointed.
2. Find the correct probate court. File the petition in the probate court of the county where the decedent was domiciled (lived) at death.
3. Prepare and file the required paperwork. Typical documents include:
   • Petition for Appointment of Administrator (or Petition for Letters Testamentary if acting under a will).
   • Original will (if one exists) and any codicils.
   • Certified copy of the death certificate.
   • Information about heirs and next-of-kin.
   • Bond paperwork (see below) and waivers, if applicable.
4. Pay filing fees and arrange bond (if required). Most counties charge a filing fee. Probate courts also commonly require a fiduciary bond to protect estate creditors and beneficiaries. A will may waive bond for a nominated fiduciary; absent a waiver, the court will set a bond amount proportional to the estate’s value. The court may waive or reduce bond in certain circumstances.
5. Serve notice and allow for objections. Ohio procedures generally require notice to heirs and sometimes creditors so that interested parties can object to the appointment. If no one objects, the court commonly issues letters of administration or letters testamentary following review.
6. Attend any required hearing. The court may schedule a hearing if there are disputes, questions about the will’s validity, competing petitions, or concerns about the petitioner’s suitability.
7. Receive letters of administration or letters testamentary. Once appointed, the court issues written authority (often called “letters of administration” or “letters testamentary”) that allow the administrator to act for the estate—collect assets, pay bills and taxes, notify creditors, and distribute property under the law.

Specifics about co-administrators

Co-administrators are two or more people appointed to administer a single estate. They may be named in the will or appointed by the court when multiple parties petition or when the court believes joint administration is appropriate. Co-administrators share legal responsibility and must act jointly in many important decisions, although courts may authorize one co-administrator to handle routine tasks alone. If co-administrators disagree, the court may resolve disputes or appoint a single administrator.

After appointment: key duties and early tasks

• Obtain certified copies of the letters of administration/testamentary and the death certificate.
• Locate and secure assets (bank accounts, real estate, personal property, digital accounts).
• Open an estate bank account and keep clear financial records.
• Prepare and file inventory and accounting as required by the court.
• Give notice to creditors and respond to claims within statutory timelines.
• File final tax returns for the decedent and manage estate taxes if applicable.
• Distribute assets to beneficiaries or heirs following the will or Ohio law if there is no will.

Ohio law contains specific rules about estate administration duties and creditor notice; see the probate and estate chapters of the Ohio Revised Code for detail, for example: Ohio Rev. Code, Ch. 2113 and related probate chapters at Ohio Rev. Code, Ch. 2109.

Common obstacles and how to address them

• If multiple people claim priority, the court follows the statutory preference order for appointment; the court resolves competing petitions at a hearing.
• If a will appears but its validity is contested, the court may hold a probate hearing before appointing anyone as administrator or executor.
• If you lack capacity or have a conflict of interest (criminal record, financial impropriety, creditor status), the court may deny your petition.
• Bonds can be costly. If you are named in a will and the will waives bond, bring the original will to court to avoid unnecessary bonding costs.

Helpful hints

• Contact the local probate court clerk early. Clerks provide county-specific forms, fee schedules, and process details.
• Gather key documents before filing: original will, death certificate, asset lists, account statements, deeds, and recent tax returns.
• Obtain multiple certified copies of the death certificate; banks and other institutions typically require certified copies, not photocopies.
• Keep clear records and separate estate funds from personal funds to avoid allegations of misconduct.
• If you are considering asking to be co-administrator with someone else, get that person’s agreement in writing to reduce disputes.
• Ask whether the will waives bond. A written bond waiver in the will can avoid the need to post a separate bond.
• If the estate may be complex (real estate, business interests, tax issues, creditors with large claims, or contested wills), consult a probate attorney early to avoid mistakes that can cost time and money.