Detailed answer — which court should handle the estate under Ohio law?

Under Ohio law, the key question is where the decedent was domiciled (their legal home) at the time of death. The probate court that has primary authority to settle a decedent’s estate is the probate court in the county where the person was domiciled when they died. If the person’s domicile was in another state, that state’s probate court normally handles the main (domiciliary) administration.

When a person dies out of state (for example, died in State A but was physically living in State B), you must determine the decedent’s domicile at death. Domicile is not just where they happened to be when they died. Courts look at long‑term intent and connections: where they had a permanent home, where they voted, where their driver’s license or state ID was issued, tax filings, where they received mail and medical care, and similar ties.

If the decedent’s domicile was not Ohio

If the decedent was domiciled in another state at death, open primary probate in that state (the domiciliary state). Ohio typically will not be the primary forum unless the decedent’s domicile was in Ohio. The domiciliary court appoints the personal representative (executor or administrator) who has authority over the entire estate.

When to open probate in Ohio (ancillary probate)

Even if the decedent was domiciled outside Ohio, an Ohio probate court may need to get involved if there are assets located in Ohio. Examples include Ohio real property, bank accounts held at Ohio banks, stocks or other tangible assets located inside Ohio. In that case, you would open an ancillary (local) administration in the Ohio probate court for the county where the Ohio assets are located. Ancillary administration is limited: the Ohio personal representative handles only the Ohio assets, while the primary personal representative in the domiciliary state handles the rest.

Wills, letters, and coordination between states

If there is a will, the original will should be filed in the probate court of the domiciliary state. That court issues letters testamentary or letters of administration to the appointed representative. For ancillary probate in Ohio, the Ohio court usually requires a certified copy of the domiciliary court’s letters (or a certified copy of the will and death certificate) to give the ancillary representative authority over Ohio assets.

When both states may have claims to act

Sometimes more than one state has a plausible claim (e.g., serious ties to two states). In practice, the court where the decedent was domiciled will generally be treated as primary. If there is a dispute about domicile, parties may need legal help to resolve which state’s probate should lead. Courts coordinate on letters and asset distribution to avoid conflicting orders.

Practical examples (hypotheticals)

• If a person died while visiting Virginia but their permanent home, driver’s license, bank accounts, and family were all in North Carolina and they intended to live there indefinitely, North Carolina is likely the domicile. Open primary probate in North Carolina. If they owned a house in Ohio, open ancillary probate in the Ohio county where the property sits.
• If a person maintained a permanent residence, voted, and paid taxes in Virginia and only occasionally stayed in North Carolina, Virginia is likely the domicile. Open primary probate in Virginia. If there are Ohio assets, open ancillary probate in the appropriate Ohio county.
• If there are no assets in Ohio, no Ohio probate is necessary unless someone seeks to appoint a local representative for convenience. Most of the time Ohio probate is only needed when Ohio property or accounts exist.

Steps to take now

1. Gather documents that show where the decedent was domiciled: lease or deed, driver’s license, tax returns, voter registration, utility bills, and medical records showing primary care location.
2. Identify where assets are located: real estate, bank accounts, brokerage accounts, vehicles, and personal property. Note the physical location and the account’s state.
3. Locate the original will (if any). Do not alter the will; keep it safe and file it with the proper probate court.
4. Contact the probate court in the likely domiciliary state to confirm filing procedures. If you have Ohio assets, contact the probate court in the Ohio county where those assets are located.
5. Consider hiring a probate attorney in the domiciliary state for the main administration and an Ohio probate attorney only if Ohio assets require an ancillary administration or if domicile is disputed.

For general information about Ohio probate courts and procedures, see the Ohio Revised Code and Ohio courts’ information on probate courts: Ohio Revised Code (codes.ohio.gov) and the Ohio judicial websites such as the Supreme Court of Ohio at supremecourt.ohio.gov.

Helpful Hints

• Focus on domicile. The person’s permanent home usually controls where to open primary probate.
• Open probate in Ohio only if the decedent owned property or accounts located in Ohio.
• If you need to open ancillary probate in Ohio, the Ohio court will usually want certified copies of the death certificate and the domiciliary court’s letters or orders.
• Keep the original will secure and file it promptly in the proper probate court to preserve executor authority.
• If multiple states are involved, expect coordination between courts; get legal advice early to prevent duplicate filings or conflicting orders.
• Contact the clerk of the Ohio probate court where the asset is located. Clerks can explain local filing requirements and forms but cannot give legal advice.
• Document your search for the decedent’s domicile evidence (copies of documents and notes about contacts and dates). Courts consider the totality of evidence.