Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Ohio, a probate estate is opened in the probate division of the county court where the decedent resided at death. To determine if a probate estate exists for a particular decedent, follow these steps:
- Identify the County
Locate the decedent’s last known Ohio residence. Probate jurisdiction lies in that county. See Ohio Rev. Code §2101.02 (defining probate courts). - Use the Ohio eCourts Public Case Search
Ohio’s Supreme Court offers an online search for probate case records. Go to https://public.courts.ohio.gov/ and select “eCourts Public Case Search.” Choose the relevant county and search by the decedent’s full name. If a case appears, it confirms an estate has been opened. - Contact the Probate Clerk’s Office
Call or visit the clerk of courts in the identified county. Provide the decedent’s name and date of death. Clerks can confirm whether a probate case number has been assigned. You may be required to pay a small fee for case details or certified documents. See Ohio Rev. Code §2113.03 (probate court jurisdiction over decedents’ estates). - Review Local Legal Publications
Administrators or executors must publish notice of appointment in a newspaper of general circulation in the county. Check archives of local legal journals or newspapers online or at the public library for such notices. - Search County Recorders for Property Filings
If the decedent owned real estate, the estate opening may include filings affecting title. Search the county recorder’s online index for deeds or liens referencing the decedent’s name.
Helpful Hints
- Gather the decedent’s full legal name, date of death and last address before contacting the court.
- Use exact name spellings and initials when searching online databases.
- If you find no record in the primary county, check adjacent counties where the decedent owned property.
- Keep a copy of any notices or docket entries for your records.
- Consult a licensed Ohio attorney if you plan to file a request for appointment or need to protect beneficiary rights.