Detailed Answer
Overview. When someone dies in Ohio and you expect to be appointed the estate’s administrator, protecting the decedent’s home and belongings is critical. You have several practical and legal options to secure the property and document assets while formal probate steps occur. This article explains immediate steps you can take, when to involve the probate court, and when law enforcement or a lawyer is needed. This is educational information only and not legal advice.
Immediate practical steps to protect the house and belongings
- Check safety first. If there are hazards (fire, leaking water, exposed wiring), contact emergency services or a licensed contractor to make safe repairs.
- Preserve evidence and avoid confrontations. Do not remove other people’s property or engage in a physical dispute with siblings. If someone is actively taking items, call the police and tell them you are concerned about possible theft from the estate.
- Secure the premises. If you have lawful access (e.g., you are a joint owner or have permission from the decedent’s personal representative), change exterior locks or board up windows to prevent unauthorized entry. If you lack clear authority, avoid unilateral lock changes unless the police advise you to prevent imminent loss.
- Document everything. Take dated, time-stamped photos and video walkthroughs of each room, showing contents and condition. Create a written list (room-by-room) and note unique or high-value items. Keep copies off-site and email them to yourself so timestamps exist.
- Ask for witnesses. If possible, make the inventory in the presence of one or more neutral witnesses (neighbors, family friends) and have them sign and date the list.
- Protect valuables and perishables. Preserve money, jewelry, important papers, and digital devices. For perishable items necessary to the estate (pets, medication), make reasonable arrangements for care and keep receipts for expenses.
When to involve the probate court in Ohio
If heirs or siblings are removing property or there is a real risk of dissipation, the probate court can step in. Ohio probate courts have jurisdiction over administration and protection of estate assets. See Ohio Revised Code, Chapter 2113 (Administration of estates): https://codes.ohio.gov/ohio-revised-code/chapter/2113. Ohio’s probate courts are local courts that handle petitions related to appointment and temporary relief; see Chapter 2101 for probate court jurisdiction: https://codes.ohio.gov/ohio-revised-code/chapter/2101.
Temporary court tools that may help
- Petition for appointment of administrator (or executor). Filing a petition with the local probate court initiates the estate administration process. Once the court appoints an administrator, that person has authority to secure estate property and must file inventories and accounts required by law.
- Request a temporary or emergency order. If property faces imminent loss, you can ask the probate court for emergency relief to preserve assets. Courts can issue orders that prohibit removal of estate property or appoint a temporary fiduciary to secure the assets pending formal appointment.
- Ask for a special or temporary administrator. In situations where the full appointment process will take time or immediate protection is necessary, a probate judge may appoint a temporary or special administrator with limited authority to secure property.
- Contempt and injunctions. If someone disobeys a court order, the court can impose sanctions or order return of property.
When to call police or file a civil claim
If siblings or others are removing property without permission and you reasonably believe they are committing theft, contact local law enforcement. Police can intervene if a crime is occurring. For civil remedies (replevin — recovering property taken from an estate), you can ask the probate court or a civil court to order return of specific items and may recover damages.
How to create a defensible inventory
- Start with a room-by-room list. Note make, model, serial numbers, and estimated values for electronics and appliances.
- Photograph and video each item and space with date/time metadata where possible.
- Gather supporting documents: titles, deed, receipts, bank or safe deposit records, and digital logins if relevant.
- Store originals securely (bank safe deposit box is ideal once you have legal authority). Keep copies with an attorney or trusted third party.
- Keep a secure chain-of-custody record for any item you move — who handled it, why, and where it was stored.
How Ohio deadlines and filings affect you
After appointment, an administrator must follow statutory duties and filing deadlines that govern inventories, appraisements, notices to creditors, and accounting. Those duties and timelines are set out in Ohio probate law; consult the relevant statutes in Chapter 2113 and the local probate court clerk for required forms and deadlines: https://codes.ohio.gov/ohio-revised-code/chapter/2113.
Best practices when family conflict exists
- Communicate in writing. Send polite written requests (email or certified mail) asking all family members to preserve property and refrain from removing items until the probate court resolves administration.
- Offer supervised access. If siblings want access to retrieve personal items, consider supervised visits where one person documents removal of specific items and both parties sign a receipt.
- Use a neutral third party. A locksmith, mediator, or professional inventory company can create an impartial record if family trust is low.
When to hire an attorney
Contact an Ohio probate attorney if:
- Family members remove or threaten to remove property;
- You need the court to appoint a temporary or special administrator quickly;
- High-value assets are at risk;
- You want help preparing and filing the petition to be appointed administrator and to comply with court rules.
Practical example (hypothetical): If a decedent’s sibling goes to the home and starts carrying out jewelry and electronics, call the police and document the event (photos, witness statements). Immediately file a petition in the county probate court seeking appointment as administrator or appointment of a temporary administrator to secure the home. Ask the court for an emergency injunction against removal of estate property while the appointment is pending. Keep copies of all communications and evidence for the court.
Important disclaimer: This is general information about Ohio probate process and securing estate property. It is not legal advice. Laws change and every situation differs. Consult a licensed Ohio probate attorney or the local probate court for legal advice tailored to your situation.
Helpful Hints
- Do not try to “hide” or unilaterally dispose of property; that can create liability.
- Document and photograph everything immediately — tampering claims are harder to defend without strong documentation.
- If you must remove perishable property or animals, keep receipts and record why removal was necessary.
- Ask the probate court clerk for local procedures and forms; each Ohio county may have different filing practices.
- Keep communications calm and in writing to avoid escalation and create a record for court review.
- If a sibling is taking items, note whether the items were jointly owned or specifically belonged to the decedent; ownership differences matter in court.
- Consider mediation for family disputes that do not involve immediate risk of loss.