Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When a person dies in Ohio without an existing probate case, you must open a new estate proceeding in the probate court of the county where the decedent resided. You complete the process by following these steps:
Step 1: Determine If a Will Exists
Search for the decedent’s original will. If you find a will, it becomes a “testate” estate. If not, the estate is “intestate” and requires an administrator. Under Ohio Revised Code §2107.01, a will must be in writing and signed by the decedent.
Step 2: Identify the Proper Probate Court
File in the Probate Court of the county where the decedent primarily lived at the time of death, per Ohio Rev. Code §2107.32.
Step 3: File the Appropriate Petition
For testate estates, file a Petition for Probate of Will and Issuance of Letters Testamentary. For intestate estates, file a Petition for Appointment of Administrator with Will Annexed or Without Will Annexed. Include:
- Original will (if any).
- Death certificate.
- List of heirs (for intestate heirs only).
- Estimated value of the estate.
Ohio law requires a bond unless parties waive it under O.R.C. §2107.25.
Step 4: Pay Filing Fees and Submit Notice
Pay the court’s filing fee. Provide notice to heirs, beneficiaries and creditors by certified mail or publication under O.R.C. §2109.24. This step safeguards due process rights.
Step 5: Attend the Court Hearing and Obtain Letters
Attend the probate hearing if the judge requests it. Once approved, the court issues Letters Testamentary or Letters of Administration. These grant legal authority to manage and distribute assets.
Step 6: Inventory and Final Distribution
Within three months, file an inventory of estate assets under O.R.C. §2115.02. After settling debts and taxes, petition for final distribution and close the estate.
Helpful Hints
- File the will promptly to protect property rights.
- Keep organized records of all filings and notices.
- Meet all statutory deadlines to avoid court sanctions.
- Consider hiring a probate attorney to navigate complex estates.
- Use certified mail and maintain proof of service.