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Detailed Answer — What to do when the person administering an Ohio estate dies before probate ends

When the person who was administering an estate dies before completing probate, the probate court must appoint someone to finish the administration so the estate can be properly closed. Under Ohio law the process is handled through the county probate court and governed by the Ohio Revised Code provisions that cover estate administration (see Ohio Rev. Code chapter 2117). The following explains the typical steps, who can step in, and issues you should expect.

1) Immediate practical steps

• Notify the probate court that the administrator has died and file a certified copy of the death certificate with the court.
• Secure assets. If the deceased administrator had physical control of estate property (keys, safe deposit boxes, checks), take reasonable steps to secure those assets and preserve records. Do not distribute estate property unless expressly authorized by the court.
• Locate the estate file: will (if any), letters of authority previously issued, inventory, and accountings. Provide these to the probate court when requested.

2) Petition the court to appoint a successor administrator

The probate court will need a written petition to appoint a successor administrator (often called an administrator de bonis non or successor administrator). The petition asks the court to issue new letters of authority so someone can legally continue settling the estate.

Who should file the petition?

• A beneficiary or heir of the estate
• A surviving spouse
• A creditor or other interested person (in some circumstances)

The court will typically set a short hearing or act on the petition on the papers, depending on local practice and whether there is any objection.

3) Who the court will appoint

Ohio probate courts appoint a personal representative based on priority rules and the best interests of the estate. Common possibilities:

• If the decedent left a will that named an alternate executor, the court will usually honor that appointment.
• If there’s no valid will or no alternate named, the court will consider petitions from the surviving spouse, next of kin, or other heirs. If heirs cannot agree, the court chooses a suitable person. A creditor may be appointed in limited circumstances.

Local court rules and Ohio law control the priority and qualifications for appointment.

4) Bond, letters, and continuing duties

A successor may need to post a fiduciary bond unless the will waives bond or the court orders otherwise. The court will issue new letters of authority (letters of administration or letters testamentary) so the successor can act on behalf of the estate.

The successor must complete the remaining administration tasks: inventory, creditor notice (if not already done), paying valid debts and taxes, filing accountings, and distributing the estate according to the will or Ohio intestacy law (see Ohio Rev. Code chapter 2113 for descent and distribution rules).

5) Accounting for what the prior administrator did

The successor and the court will review actions taken by the deceased administrator. If the prior administrator properly performed duties, the court will usually accept their prior inventory and accounts. If the prior administrator mismanaged funds, made unauthorized distributions, or failed to account, the successor (or an interested person) can ask the court to investigate, surcharge the administrator’s estate, or pursue recovery. The probate court retains jurisdiction to supervise and require additional accounting.

6) Common complications

• If the original administrator distributed assets without court authority, the court may require restoration or other remedies.
• Creditors’ claim deadlines, tax filings, and statutory notices may still apply—missing deadlines can create liability for the estate or personal liability for the fiduciary.
• If multiple people petition to be successor administrator, expect a court hearing to resolve competing claims.

7) Where to find the controlling law

Ohio’s rules for appointment, powers, duties, and successor fiduciaries are found in the Ohio Revised Code. See the statutes on estate administration (Ohio Rev. Code chapter 2117) and descent and distribution (Ohio Rev. Code chapter 2113) for the statutory framework and procedural provisions:

• Ohio Rev. Code, Chapter 2117 — Administration
• Ohio Rev. Code, Chapter 2113 — Descent and Distribution

Helpful Hints

• Contact the probate court early. Each county’s probate court handles procedures and local forms; asking the court clerk for guidance on the process and local forms can speed things up.
• Bring paperwork: death certificate, original letters of authority, the will if one exists, inventories, accountings, bank statements, and any records the administrator kept.
• Do not distribute property until the court issues successor letters. Unauthorized distributions can create liability and complicate closing the estate.
• Consider a short-term appointment. If heirs need time to decide who should finish the administration, the court can appoint an interim successor to secure assets and keep the estate’s affairs in order.
• Prepare for bonding. If you plan to serve as successor administrator, find out whether a bond is required and how much it will cost—this can affect whether a family member is willing to serve.
• Watch creditor deadlines and tax filings. Missing statutory notices or tax deadlines can increase the estate’s liabilities.
• Get help for complicated situations. If there are allegations of mismanagement, disputed distributions, complex assets, or tax issues, consult an attorney experienced in Ohio probate to protect your and the estate’s interests.
• Keep records. The successor administrator should maintain clear records and file required accountings and petitions to close the estate when administration is complete.