Ohio Petition for Probate

Introduction

Key Things to Know

1. 1

   Filing with the Probate Court of the county where the decedent was domiciled at death (R.C. 2107.11): the Application to Probate Will (Probate Form 2.0) and the Application for Authority to Administer Estate (Probate Form 4.0). Ohio calls both an application, and the court's forms control.

2. 2

   No one has authority over estate assets until the court appoints a fiduciary, the fiduciary signs a written acceptance and letters issue (R.C. 2109.02). Being named executor in a will does not by itself give authority to act.

3. 3

   Not every estate needs full administration. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside probate, and Ohio offers a court release from administration for small estates. See DocDraft's small-estate-affidavit page for that route.

4. 4

   A beneficiary who knows of a will, controls it and neglects or refuses to offer it within one year after death, without reasonable cause, can take nothing (R.C. 2107.10). A will deposited with the probate court is publicly opened within one month after notice of the death if no person named in the indorsement demands it (R.C. 2107.08).

5. 5

   Testate estates: letters go to the executor named in the will if suitable, competent, accepting and giving bond if required (R.C. 2113.05). Intestate estates: first to a surviving spouse who is a state resident, then to a resident next of kin (R.C. 2113.06). Administrators must be Ohio residents (R.C. 2109.21(A)).

6. 6

   A nonresident named executor may serve only if related to the testator by blood or marriage, a private or family trust company, or a resident of a state that allows unrelated nonresident executors; the court may require assets in the county to stay there until distribution (R.C. 2109.21(B)).

7. 7

   Within two weeks after the will is admitted, notice goes to the surviving spouse, the persons who would inherit without a will, and all legatees and devisees, and a certificate of giving notice is filed within two months after appointment, or after admission if no fiduciary is appointed (R.C. 2107.19). Creditor claims must be presented within six months after death, whether or not a fiduciary has been appointed, subject to R.C. 2117.061 (R.C. 2117.06). Bond is required before letters issue unless law, order or local rule provides otherwise, and the court can require it later (R.C. 2109.04).

Ohio Requirements for Petition for Probate

• Two Applications in the County Probate Court

  The will is probated on Probate Form 2.0 and authority to administer is sought on Probate Form 4.0, filed in the Probate Court of the county where the decedent was domiciled at death (R.C. 2107.11, 2109.02). The court's forms control, and local courts may require additional forms.

• No Authority Until Letters Issue

  A fiduciary must receive letters of appointment before acting, and letters do not issue until the fiduciary has signed a written acceptance of the fiduciary's duties (R.C. 2109.02).

• One-Year Concealment Forfeiture

  A beneficiary who knows of a will, can control it and without reasonable cause intentionally conceals or withholds it, or neglects or refuses within one year after death to cause it to be offered for probate, takes nothing (R.C. 2107.10).

• Executor Priority and Intestate Priority

  Letters testamentary go to the executor named in the will if suitable, competent, accepting and giving bond if required (R.C. 2113.05). Without a will, priority is a resident surviving spouse, then a resident next of kin (R.C. 2113.06).

• Residency and Nonresident Executors

  Administrators must be Ohio residents. A nonresident named executor must be related to the testator, a private or family trust company, or a resident of a state allowing unrelated nonresident executors (R.C. 2109.21).

• Notice After Admission of the Will

  Within two weeks of admission, notice goes to the surviving spouse, heirs, legatees and devisees, and a certificate of giving notice is filed within two months after appointment, or after admission if no fiduciary is appointed (R.C. 2107.19).

• Six-Month Claims Period From Death

  All claims against the estate must be presented within six months after the date of death, and claims not presented are forever barred, subject to R.C. 2117.061 (R.C. 2117.06).

• Bond Before Letters

  Unless law, order or local rule provides otherwise, the fiduciary files a bond before letters issue, and the court may require bond later (R.C. 2109.04).

• Estate Value and Relatives Listed

  The application lists the decedent's domicile, the surviving spouse, next of kin, legatees and devisees with addresses, the estate value and the proposed fiduciary. Use the court's forms where the court requires them.