How to submit an original will to an Ohio probate court when you live out of state
Disclaimer: I am not a lawyer. This article provides general information about Ohio law and common practice. It is not legal advice. For advice specific to your situation, contact a probate attorney or the clerk of the appropriate probate court.
Detailed Answer — Step-by-step guide under Ohio law
When you live outside Ohio and you have the decedent’s original will that must be submitted to an Ohio probate court, follow these steps to make sure you submit the will correctly and protect the original document.
1. Confirm the correct probate court (where to file)
Under Ohio law the proper county to probate a will is generally the county where the decedent was domiciled (their permanent legal residence) at death. If the decedent was domiciled in another state but owned real property or certain other Ohio assets, probate or ancillary probate may be required in the Ohio county where the property is located. See Ohio Revised Code Chapter 2107 for the rules that govern probate jurisdiction: Ohio Rev. Code chapter 2107.
2. Contact the county probate court clerk before you send anything
Procedures and local forms vary by county. Call or email the clerk of the probate court in the correct county and ask:
- How to file an original will by mail or courier (some courts accept mailed originals; some prefer in-person delivery).
- Which forms you must complete (typical forms include an application to probate a will or to open an estate; some courts have an online packet).
- Filing fees, required certifications, and whether the court needs a certified copy of the death certificate.
- Whether the court offers will safekeeping services prior to probate and how to request return of the original after the court acts.
3. Prepare the documents to submit
Most probate courts will expect at least the following when you submit an original will:
- The original will (do NOT send only copies; probate courts generally require the original).
- A certified copy of the decedent’s death certificate (courts usually require this to open probate).
- A completed application to probate the will or opening-the-estate forms (the clerk can provide or point to county-specific forms).
- Contact information for yourself and for other likely heirs or beneficiaries, if asked.
- Payment for the filing fee or instructions on how to pay (check, money order, credit card, or in-person payment where permitted).
4. Sending the original will from out of state — best practices
If you cannot appear in person, many people send the original will by secure courier or certified mail, return receipt requested. Follow these steps to protect the original and the chain of custody:
- Contact the clerk first to confirm the court will accept a mailed or couriered original. Some courts require the person filing to appear or to use an attorney.
- Use a trackable, insured courier (e.g., FedEx, UPS) or certified mail with return receipt. Keep tracking and insurance records.
- Include a cover letter that identifies the item as the original will for the named decedent and states the action you are requesting (for example: “Please docket and hold for probate” or “Please file and return to sender after docketing”).
- Include a stamped, pre-addressed envelope or a return-shipping arrangement if you want the original returned after the court acts.
- Keep copies (scanned and printed) of the will and all documents you send. Do not destroy the original until the court confirms receipt and provides instructions.
5. If the will is not self-proved or witnesses are required
Ohio recognizes self-proved wills (wills signed with a self-proving affidavit executed before a notary and witnesses). A self-proved will usually removes the need to later locate witnesses to prove the signature. If the will is not self-proved, the court may require testimony or affidavits proving the will’s execution or the validity of signatures. Contact the clerk to learn how the court prefers to receive affidavits or witness testimony when the witnesses live out of state.
6. Ancillary probate and out-of-state decedents
If the decedent was domiciled outside Ohio but owned Ohio real property or other Ohio assets, you may need to open an ancillary probate in Ohio to transfer or manage those Ohio assets. The county to use for ancillary probate is typically where the Ohio property is located. Ancillary probate rules and procedures are also found in Ohio Rev. Code chapter 2107: Ohio Rev. Code chapter 2107.
7. After filing — letters and authority to act
After the court accepts the will and opens the estate, it typically issues letters testamentary or letters of authority to the person appointed as executor/personal representative. If you live out of state and will need to act in Ohio (for example, to sell Ohio real estate or access Ohio bank accounts), these letters provide the court-sanctioned authority you will need. The probate clerk or court website will explain how to request certified copies of those letters.
8. When to use a local Ohio attorney
If you cannot travel, if the probate involves real estate or contested issues, or if the process seems complicated (ancillary administration, multiple jurisdictions, disputes), consider hiring an Ohio probate attorney. A local attorney can appear in court on your behalf, file documents, and protect the original will while it is in the court’s custody.
Key Ohio law reference
General law governing probate of wills in Ohio is in Ohio Revised Code chapter 2107. For the rules about where to file and other probate topics, see: Ohio Rev. Code chapter 2107.
Helpful Hints
- Always call the county probate court clerk before mailing the original will. County practices vary.
- Do not send the original will by ordinary mail without tracking and insurance. Use a tracked, insured courier or certified mail with return receipt.
- Include a clear, signed cover letter stating what you want the clerk to do with the will (file for probate, hold for safekeeping, return after filing, etc.).
- Include a certified copy of the death certificate when you file; most courts require it to open the estate.
- Keep multiple copies (digital and paper) and a record of every communication with the court and courier.
- If witnesses to the will are needed and they live out of state, ask the clerk whether affidavits from the witnesses are acceptable, or whether their in-person testimony will be required.
- If you are appointed executor but live out of state, ask the court how to request certified copies of your letters testamentary and whether you need to post a bond.
- Consider hiring an Ohio probate attorney if the estate includes Ohio real estate, is contested, or involves unusual assets. An attorney can file documents and appear in court for you.
- Expect processing times to vary. Some counties docket same day; others take longer. Ask the clerk for estimated timelines and how to check the docket remotely.