Detailed answer — documents and steps under Ohio law

This answer explains the usual papers the applicant files in an Ohio probate court when asking for appointment and for issuance of letters (letters testamentary or letters of authority). Procedures vary by county and by whether the decedent left a valid will (testate) or did not leave one (intestate). The Ohio Revised Code chapters on wills and administration provide the legal framework; see Ohio Rev. Code ch. 2107 (Wills) and ch. 2113 (Executors and Administrators):
ORC Chapter 2107 (Wills) and
ORC Chapter 2113 (Executors & Administrators).

Core documents commonly required

• Original last will and testament (if one exists). Probate courts generally require the original will when you ask the court to probate the will and appoint the named executor.
• Certified copy of the death certificate. Many courts require a certified (official) death certificate rather than an uncertified copy.
• Application or petition for probate/appointment. This is the formal filing that asks the probate court to admit the will (if any) and to appoint you as executor or administrator. Counties use standard forms; the title is often “Application for Probate of Will and for Appointment of Executor” or “Application for Authority to Administer Estate.”
• Oath/Acceptance of Appointment form. The appointed fiduciary must usually sign an acceptance of appointment and take the statutory oath (to faithfully perform duties). The court will use this form to administer the oath and to issue letters.
• Bond or bond waiver documents. The court will require a fiduciary bond unless the will waives bond or beneficiaries entitled to the estate sign a written waiver. If a bond is required, you must file a surety bond form and the court will set the bond amount by statute or court order.
• Names and addresses of heirs and beneficiaries. The court usually wants a list with each heir/beneficiary’s name and address so it can notify interested parties. If you are the petitioner, you must identify next of kin and beneficiaries known to you.
• Renunciation or affidavits from other nominates (if applicable). If a person named in the will declines to serve as executor, a signed renunciation speeds appointment of a successor.
• Identification and contact information for the applicant. The court will require the applicant’s name, address and often a government ID to confirm identity.
• Filing fee receipt and any county-specific forms. Each probate court charges its own filing fee and may require local forms, certifications, or case information sheets.
• Proof of notice or affidavit of service (when required). Some matters require you to deliver or mail notice to certain relatives, creditors or interested parties and then file proof of that notice with the court.

Different document sets for common scenarios

Below are typical variations you will encounter.

• Testate case (there is a will):
  • Original will;
  • Application to probate the will and to appoint the named executor;
  • Acceptance and oath of executor;
  • Bond or written waiver of bond (if the will waives bond or beneficiaries consent);
  • Certified death certificate; court fee.
• Intestate case (no will):
  • Application for appointment as administrator (often by spouse or next of kin);
  • Affidavit identifying heirs/next of kin;
  • Bond or proof of waiver;
  • Certified death certificate; court fee.
• Small or simplified estates: Some Ohio counties permit simplified procedures for low-value estates or for heirs who are the sole beneficiaries. Forms and eligibility rules vary by county; contact the local probate court.

How the oath is handled

When the court approves your appointment, the court clerk or judge will have you sign an acceptance and take the oath required by Ohio law. Once you take the oath and satisfy bond requirements, the court will issue letters (letters testamentary for executors or letters of authority for administrators). Keep the original letters; many vendors (banks, title companies) will ask for certified copies.

Where to get the correct forms

Most Ohio counties post probate forms and instructions on their local probate court websites. If you need statewide legal text, review the Ohio Revised Code chapters on wills and administration:
ORC Chapter 2107 (Wills) and
ORC Chapter 2113 (Executors & Administrators).

When to consult an attorney

Consult a probate attorney if:

• The will’s validity is disputed or there is likely to be a contest;
• Multiple people claim the right to serve as fiduciary;
• The estate contains complicated assets (business interests, out-of-state property, tax issues);
• Creditors or beneficiaries dispute distributions or the estate’s debts; or
• You are unsure about bond requirements or fiduciary duties.

Helpful Hints — Practical checklist before you file

• Get several certified death certificates early (banks and title companies often want originals).
• Locate the original will; courts typically will not accept a copy in lieu of the original unless you show why the original cannot be produced.
• Call the local probate court clerk before you go to learn required local forms, fees, and whether you need an appointment.
• Prepare a list of heirs and beneficiaries (names, addresses, and relationships). The court needs this for notices.
• Check the will for bond waiver language. If the will waives bond, obtain signed waivers from beneficiaries where required.
• Bring government ID and contact information for the proposed fiduciary(s) and any surety companies if a bond is necessary.
• Keep copies of everything you file and request certified copies of letters once issued.
• If you expect disputes, file sooner rather than later and consider getting legal advice to protect estate assets and avoid personal liability as a fiduciary.