Detailed Answer
Managing an estate that spans multiple Ohio counties or jurisdictions requires careful planning and compliance with Ohio probate laws. Executors must understand primary probate, intra-state certificates of authority, and ancillary proceedings for out-of-state assets.
1. Primary Probate in the Decedent’s Home County
Ohio Revised Code §2109.02 mandates opening probate in the county where the decedent was domiciled. File the original will (if one exists) and petition the probate court for letters testamentary or letters of administration. These letters empower you to collect, manage, and distribute Ohio assets.
2. Extending Authority to Other Ohio Counties
If the estate includes real property in another Ohio county, full ancillary probate is not necessary. Instead, record a Certificate of Authority in that county’s Recorder’s Office under R.C. §2109.29. Attach a certified copy of your Ohio letters and a death certificate. This certificate confirms your authority to transfer or sell the property.
3. Ancillary Probate for Out-of-State Assets
Assets located outside Ohio—such as real estate, bank accounts, or investments—often require ancillary probate in the jurisdiction where they exist. Ohio Revised Code §2113.32 addresses ancillary administration of intangible property. To proceed:
- Obtain certified copies of your Ohio letters and the death certificate.
- Engage local counsel in the other state to file a petition for ancillary administration.
- Submit required documents (certified Ohio letters, death certificate, estate inventory).
- Comply with that state’s notice and publication rules.
- Distribute assets per Ohio law and any applicable local law.
4. Practical Steps for Executors
- Create a detailed inventory of all assets, noting their locations.
- Secure multiple certified copies of letters testamentary or of administration.
- Record certificates of authority in other Ohio counties promptly.
- Consult with attorneys where assets lie out-of-state.
- Maintain clear records of filings, deadlines, and communications.
- Close ancillary proceedings after proper distribution and court approval.
Disclaimer: This article is for educational purposes and does not constitute legal advice.
Helpful Hints
- Start by mapping every asset by county or state.
- Keep track of county-specific filing fees and forms.
- Use a centralized calendar for deadlines across jurisdictions.
- Work with probate clerks in each county early to understand local practices.
- Communicate regularly with beneficiaries to avoid disputes.
- Consider bonding or insurance if required by a foreign court.