Practical steps for handling a parent’s estate under Ohio law

This article explains the common steps a person takes after a parent dies, explained for Ohio. It describes what typically happens, when you will interact with the probate court, and what documents and deadlines to expect. This is educational information only and is not legal advice. I am not a lawyer. For decisions that affect rights, consult an Ohio probate attorney.

Detailed answer: step-by-step guide

1. Immediately: arrange funeral and collect the death certificate

   Make funeral or memorial arrangements according to the decedent’s wishes and locate the original death certificate. Order several certified copies of the certificate from the funeral home or the county health department; you will need them to transfer bank accounts, close government benefits, and start probate.

2. Locate the will and important records

   Search for an original will, trust documents, insurance policies, bank and investment account statements, titles, deeds, and any lists of assets and passwords. The original will is the document a probate court usually needs to admit the will to probate.

3. Decide whether the estate needs formal probate

   Not every estate requires full probate. If the decedent had a valid will, the named executor (personal representative) normally files the will with the probate court in the county where the decedent lived to start probate. If there is no will, a family member can ask the probate court to be appointed administrator.

   Ohio law on wills is in Chapter 2107 of the Ohio Revised Code: ORC Chapter 2107. Rules about inheritance when there is no will appear in Chapter 2113: ORC Chapter 2113.

4. Open probate if required

   To open probate, file the original will (if any) and a death certificate with the local probate court. The court issues letters testamentary (if there is a will) or letters of administration (if no will) that authorize the personal representative to act for the estate. The local county probate court clerk can explain filing fees and local form requirements.

5. Give required notices

   After appointment, the personal representative must notify beneficiaries named in the will and known creditors. Ohio law includes procedures for creditor claims against estates; see Ohio Revised Code Chapter 2117 for creditor procedures and claims: ORC Chapter 2117. Follow the court’s rules for publishing notice if required.

6. Inventory and secure estate assets

   Prepare an inventory of the decedent’s assets (bank accounts, real estate, vehicles, personal property, retirement accounts, life insurance, and business interests). Secure property and valuables. Some assets pass outside probate (payable-on-death accounts, jointly owned property, certain trusts), so identify which assets are probate assets and which are not.

7. Manage bills, taxes, and debts

   Use estate funds to pay valid estate debts, funeral costs, and administration expenses. File the decedent’s final federal and Ohio income tax returns and pay any estate or inheritance taxes if applicable. Ohio does not have a state inheritance tax presently, but federal estate tax rules and filing obligations may still apply. The personal representative should keep clear records and receipts.

8. Sell or transfer property if necessary

   If the estate needs to sell assets to pay debts or to distribute proceeds, the personal representative may seek court approval or follow the authority granted by the will and Ohio probate rules. Real estate transfers typically require deeds recorded in the county where the property sits.

9. Distribute the estate

   After paying valid debts and taxes and resolving claims, distribute the remaining assets to beneficiaries under the will or, if there is no will, under Ohio’s intestacy rules in ORC Chapter 2113: ORC Chapter 2113. Obtain receipts from beneficiaries and close accounts used to administer the estate.

10. Close the estate with the probate court

    File the final accounting and a petition to close the estate with the probate court. Once the court accepts the accounting and approves distribution, it discharges the personal representative and closes the estate.

Timing and practical expectations

Probate duration varies with complexity. A simple uncontested probate may wrap up in several months. Estates with real property, creditor disputes, or tax issues can take a year or more. Follow deadlines the court sets for notices and creditor claims; see ORC Chapter 2117 for creditor claim procedures: ORC Chapter 2117.

When to hire an Ohio probate attorney

Consider a probate attorney if any of the following apply: the estate is large or includes a business or real estate; the will is contested; creditors or tax issues arise; beneficiaries disagree; or you are unsure of your duties as personal representative. An attorney can prepare court filings, advise on deadlines and tax filings, and help limit personal liability for the personal representative.

Helpful hints

• Order multiple certified death certificates early (banks and agencies often require originals).
• Find the original will—many courts will not accept photocopies for probate.
• Keep a separate estate bank account for receipts and payments; do not mix personal funds with estate funds.
• Make a detailed record of every transaction, including invoices and receipts, to support the final accounting.
• Ask the probate court clerk for local forms and procedural checklists — each county can have different forms or filing steps.
• Check whether any assets are nonprobate (joint tenancy, TOD/POD designations, or trusts) before filing to avoid unnecessary probate steps.
• Beware of scams: do not give out the decedent’s personal information (Social Security number, bank account numbers) except to verified institutions handling estate matters.
• If family members disagree, consider mediation or legal advice early to reduce delays and costs.

Where to find Ohio statutes cited in this article:

• Wills and testamentary matters: ORC Chapter 2107 — https://codes.ohio.gov/ohio-revised-code/chapter/2107
• Intestate succession (when there is no will): ORC Chapter 2113 — https://codes.ohio.gov/ohio-revised-code/chapter/2113
• Creditors’ claims and claims procedure: ORC Chapter 2117 — https://codes.ohio.gov/ohio-revised-code/chapter/2117

Reminder: This information is for general education about Ohio law only and does not constitute legal advice. For specific legal guidance about handling an estate, contact a licensed Ohio probate attorney or the probate court in the county where the decedent lived.