Detailed Answer
When a person dies without a will in Ohio, you must obtain letters of administration to manage and distribute the estate. You begin by filing a petition in the probate court of the county where the decedent lived. Under Ohio Rev. Code §2113.03, the petition must state the decedent’s full name, last residence, approximate date of death and your relationship or interest in the estate.
Along with the petition, the following documents and information are generally required:
- Certified Death Certificate: A certified copy issued by the local health department or registrar.
- List of Heirs or Next of Kin: Names, addresses and relationship to the decedent. You may use an Affidavit of Heirship if some heirs are hard to locate.
- Applicant’s Identification: Valid government-issued photo ID to verify your identity.
- Estimated Estate Inventory: Preliminary list of real and personal property with approximate values. A formal inventory is due within three months under Ohio Rev. Code §2115.02.
- Bond or Bond Waiver: A surety bond that protects the estate, unless waived by all heirs. See Ohio Rev. Code §2113.06 for bond requirements.
- Filing Fee: Varies by county. Contact the probate court clerk for the exact amount.
After you submit these items, the court clerk schedules a hearing or issues the letters administratively. Once granted, the Letters of Administration authorize you to collect assets, pay debts and distribute property to heirs according to Ohio’s intestacy rules.
Disclaimer: This article is for general information only and is not legal advice. Consult a qualified probate attorney for guidance tailored to your situation.
Helpful Hints
- Visit your local probate court’s website or office for standardized forms.
- Order multiple certified death certificates early to avoid delays.
- Verify heir contact information before filing to prevent objections.
- Accurately estimate asset values; you can amend the inventory if needed.
- Ask the court clerk whether a bond waiver is accepted in cases of low estate value.
- Keep copies of all filings and receipts for court fees and bonds.