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Table of Contents

Probate is the legal process used to administer a deceased person's estate. This includes the probate of a will, payment of debts, and distribution of assets to heirs. Although probate is commonplace in the U.S., probate will vary from state to state. In Ohio, the estate administration process is overseen by the Probate Divisions of each county's Court of Common Pleas. Ohio offers simplified procedures for small estates, which can help families to resolve their matters more quickly and economically.

How the Probate Process Works in Ohio

The probate process starts when an interested person files a petition with the Probate Court of the county of the decedent's residence. If a will is present, it is presented for admission to probate, and the court appoints an executor as of the date of death. If no will exists, the court appoints an administrator. Whether named in a will or appointed as an executor or administrator, the executor or administrator must give notice to heirs and creditors, create an inventory of the estate, pay taxes and debts, and then distribute the remaining assets. Ohio has formal probate and simplified probate processes. The time it will take to complete the process will vary depending on the complexity of the estate; simple cases can take six months, and contested cases more than a year.

What Are the Costs of Probate in Ohio?

Costs in Ohio probate cases include filing fees, executor commissions, and attorney fees. Although they differ by county, filing fees typically fall between $150 and $300. Executors are entitled to 4% of the first $100,000 of the estate, 3% of the next $300,000, and 2% of amounts exceeding $400,000 as statutory commissions. Attorney fees may be charged hourly or based on local fee guidelines approved by the court. There may be additional expenses, such as appraisal costs, publication fees, and accounting services.

Types of Probate Cases in Ohio

Ohio probate law provides several categories of estate administration. These include:

  • Testate Probate: When the decedent left a valid will.
  • Intestate Probate: When no will exists, assets are distributed under Ohio intestacy law.
  • Release from Administration: A simplified process available if the estate’s value is under $35,000, or under $100,000 if all assets go to the surviving spouse.
  • Summary Release from Administration: Available for very small estates, generally under $5,000.
  • Formal Probate: Required for larger or contested estates.

Ohio Probate Court Forms and Filing Instructions

Forms for probate are available through the Supreme Court of Ohio website as well as local county probate court websites. Standard forms include applications for probate, inventories, waivers, and accountings. Because procedures vary by county, applicants should confirm requirements with the local Probate Court clerk.

How Ohio Probate Courts Work at the County Level

Ohio has 88 counties, each with its own Probate Court within the Court of Common Pleas. While statewide laws apply, local courts maintain their own procedures and filing rules. Below are the ten most populous counties and their probate court functions:

How to Search Probate Records in Ohio

Probate records are maintained by each county Probate Court. Publicly available documents typically include the decedent’s name, executor or administrator, heirs, estate inventory, and final distribution. Many counties, such as Cuyahoga and Franklin, provide online case search portals. Others require in-person visits to the court clerk’s office. Certified copies of probate documents are available for a fee, while sealed records remain inaccessible to the public.

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Court Case Types