Detailed Answer

1. Confirm whether probate is necessary

Not every estate needs full probate. Common situations that avoid probate include assets that pass automatically: jointly held property with rights of survivorship, accounts with beneficiary designations (payable‑on‑death, transfer‑on‑death), and small items that can be transferred under simplified procedures. If the decedent owned Ohio real estate, or bank/investment accounts titled only in the decedent’s name with meaningful value, probate is often required.

2. File in the correct Ohio probate court

Probate proceedings start in the probate court of the county where the decedent was domiciled (their legal residence) when they died. Ohio probate courts are courts of limited jurisdiction that handle wills, administrations, guardianships, and related matters. See Ohio Revised Code Chapter 2109 for the probate courts’ jurisdiction and structure: Ohio Rev. Code Ch. 2109.

3. Identify whether there is a will and who has priority

If the decedent left a will, the person named as executor (personal representative) usually petitions to probate the will and request issuance of letters testamentary. If there is no will, the court appoints an administrator under Ohio law, following statutory priority among surviving relatives. See Ohio Rev. Code Chapter 2107 (wills) and Chapter 2113 (descent and distribution): ORC Ch. 2107, ORC Ch. 2113.

4. Gather required documents before filing

• Certified copy of the decedent’s death certificate (obtain from the state that issued it).
• The original will, if one exists.
• A list of known assets and their locations (real estate, bank accounts, retirement accounts, titled vehicles).
• Names and contact information for heirs and known creditors.

5. What you will file with the probate court

Typical initial filings are:

• Application for probate of will and for issuance of letters testamentary (if there is a will).
• Application for appointment of administrator (if no will).
• Oath of personal representative and bond (if the court requires a bond).

County courts use local forms and may allow filing by mail, in person, or electronically. Contact the clerk of the probate court in the county where the decedent lived for specific forms and fee information. The probate court’s authority is described at ORC Chapter 2109: https://codes.ohio.gov/ohio-revised-code/chapter/2109.

6. Can you open probate from another state?

Yes. Most Ohio probate courts will accept filings from out‑of‑state applicants. Common approaches include:

• Mail or courier the required documents (original will if required) and certified death certificate to the probate clerk.
• Appear by telephone or videoconference for initial hearings if the court permits remote appearances.
• Designate a local co‑executor or hire an Ohio attorney to file on your behalf and handle in‑court duties you cannot attend.

Each county’s practice varies. Ask the probate clerk about remote options, mailing instructions for original documents, and whether they require an in‑person oath or court appearance.

7. Letters, bond, and fiduciary duties

Once the court approves the appointment, it issues “letters” (letters testamentary or letters of authority) that allow the personal representative to act for the estate. The court may require a fiduciary bond to protect estate creditors and heirs; a will can waive bond in some cases, but the court can still require it. The personal representative must inventory assets, notify creditors, pay valid debts and taxes, and distribute remaining assets under the will or Ohio intestate succession rules. See Ohio Rev. Code Chapter 2117 for administration rules: ORC Ch. 2117.

8. Small‑estate or expedited procedures

Ohio provides simplified processes for small estates or for collection of specific assets without full administration in some cases. The availability, forms, and dollar thresholds differ by situation. Contact the local probate clerk or review probate court guidance to see if you qualify for a simplified method.

9. Typical timeline and costs

Probate timelines depend on estate complexity and whether there are disputes. Simple probate can take a few months; fully administering an estate often takes 6–12 months or more. Court filing fees and bond/costs vary by county. The probate clerk can provide fee schedules for that county.

10. When to hire an Ohio probate attorney

Consider hiring local counsel if:

• The estate has real property in Ohio, complicated assets, or tax issues.
• There are contested claims or disagreements among heirs.
• You prefer someone local to file documents, appear in court, and manage estate administration for you so you do not need to travel.

11. Practical out‑of‑state tips

• Order multiple certified death certificates — banks and title companies typically require originals.
• Ask the probate clerk for a checklist and local forms before mailing anything.
• If you must mail an original will, ask the court whether it needs to remain in the clerk’s custody until the original is returned or probated.
• Keep careful records and copies of everything you file or send.

Helpful Hints

• Start by calling the probate court clerk in the county where your sibling lived — clerks are usually the best source for local forms and instructions.
• If you cannot appear, ask whether the court accepts remote hearings or written oaths for out‑of‑state personal representatives.
• Collect certified death certificates and the original will early — these documents are often required for banks and title transfers.
• Check whether assets have named beneficiaries (retirement accounts, payable‑on‑death accounts) that bypass probate.
• Keep beneficiaries and potential heirs informed to reduce disputes later on.
• If the estate appears small, ask about simplified procedures before committing to a full administration.
• Consult an Ohio probate attorney if you face contested issues, real estate transfers, or complex tax matters.