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Preble County, OH Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Preble County Probate Court, the probate division of the Preble County Court of Common Pleas under the Ohio Revised Code (R.C. 2101.01). The Supreme Court of Ohio's trial-court directory lists it as the Preble County Court of Common Pleas Probate Division, the court's own rules style it the Common Pleas Court of Preble County, Ohio, Probate Division, and the court brands itself the Preble County Juvenile and Probate Court. One elected probate judge presides over both the Probate Division and the Juvenile Division, which is common in Ohio's smaller counties |
| Filing office | The probate court's own office on the 2nd floor of the Preble County courthouse in Eaton. The elected probate judge is also the clerk of the probate court (R.C. 2101.11(A)(1)(a)), so estates, wills and guardianships are filed with the probate court directly. The Preble County Clerk of Courts, (937) 456-8160, keeps the records of the general division and the court of appeals and runs its own e-filing system, but it does not open estates |
| Courthouse address | 101 East Main Street, Courthouse 2nd Floor, Eaton, OH 45320, in downtown Eaton at the center of the county |
| Mailing address | The court publishes no separate post office box, so mail goes to 101 East Main Street, Courthouse 2nd Floor, Eaton, OH 45320. Mail filing is limited: under Local Rule 57.4 only an enumerated list of later estate documents may be mailed, and any filing that opens a case and requires an initial deposit against costs must be filed in person |
| Phone | (937) 456-8137 for the Probate Court, the number the court publishes on its own site and the number the county's staff directory carries (verified July 2026). The court's Probate Contact Information page also lists (937) 456-8138 and staff extensions 3, 4 and 7. Juvenile matters are (937) 456-8136 and juvenile probation is (937) 456-2085, so say you are calling about an estate |
| Fax | (937) 456-5803. This is also the court's fax-filing line and, under Local Rule 57.5(6), it is available twenty-four hours a day, seven days a week |
| [email protected], published on the court's own Probate Contact Information page | |
| Office hours | Monday to Friday, 8 a.m. to 4 p.m., closed on national holidays, per the court's own site and the county's staff directory (verified July 2026). Local Rule 53.1 sets the same hours and adds that the court is closed the day after Thanksgiving and at other times as the judge determines. This is a small combined probate and juvenile court, so call (937) 456-8137 before driving to Eaton with a case-opening filing |
| Filing fee | Ohio sets most probate fee items by statute: $35.00 to appoint a fiduciary and $15.00 to probate a will (R.C. 2101.16(A)), $60.00 to relieve an estate from administration or grant a summary release, $10.00 for an inventory with appraisement, $12.00 for an account and $1.00 per page for certified copies. On top of those items each probate court sets its own deposit by local rule, capped at $125.00 for the advance deposit taken when an application is made (R.C. 2101.16(E)), and may add computerization and dispute-resolution charges (R.C. 2101.162, R.C. 2101.163). Preble County publishes its own cost list: a $300.00 deposit for a full administration, $200.00 for a release from administration and $100.00 for a summary release, on a schedule marked updated December 2020 and still posted in July 2026. Under Local Rule 58.1 the deposit is applied as filings occur and more may be required. Confirm the current amount with the court at (937) 456-8137 |
| Local forms | Yes, a small set. Preble County publishes Appendix B and Appendix C to its local rules, PC Form 71.2-C (Attorney Fee Computation), Worksheet A (Guardian Compensation) and Worksheet B (Trustee's Compensation) on its Court Rules and Forms page, and its rules require a fax cover page on P.C. Form 200.95. Everything else is the statewide Standard Probate Forms prescribed by the Supreme Court of Ohio, which Local Rule 51.1 requires for all filings unless a computer-generated form meets Local Rule 52.1 |
| E-filing | None for probate. Preble County Probate Court runs no electronic-filing portal. It does accept fax filing under Local Rule 57.5, and 57.5(13) extends the same rule to email filing, but not for a filing that opens a case and requires an initial deposit, not for an entry on which costs are owed, not for adoption filings and not for an Application for Certificate of Transfer. The Preble County Clerk of Courts e-filing system serves the general and domestic relations divisions, not probate |
| Case search | Yes. The court runs its own CaseLook record search, branded Preble County Probate Court, which after a disclaimer screen lets you search by name, case number or file date across the case types Civil, Estate, Guardianship, Marriage, Miscellaneous and Trusteeship, with separate birth-record and death-record searches. The search is protected by a CAPTCHA. The court's own notice warns that posting can lag a filing by at least twenty-four hours and that verified records must be requested from the court |
| Remote appearance | No published procedure. Local Rule 5(E).1 confirms the court has adopted and maintains a court technology plan covering remote hearings, electronic service and electronic signatures, but the plan is not posted, so ask the court at (937) 456-8137 whether a particular hearing can be handled by phone or video. Inventory and account hearings are pro forma and are usually not attended at all where no exceptions are filed |
| Website | https://prebleohiojuvenileprobate.org/ (the court's own site, which the Supreme Court of Ohio trial-court directory links for the Probate Division) and https://prebleohiojuvenileprobate.org/probate-court/forms/ (its Court Rules and Forms page, which the Supreme Court's local-rules index links as the Probate Division's local rules) |
Before you begin — know the assets and liabilities
Before you file anything in Preble County, know exactly what is in the estate. Which Ohio route fits depends on whether there is a will, on who inherits, and on the value and titling of the assets, because a full administration, a release from administration and a summary release are different filings with different forms, different notice steps and different deposits at this court. Those routes and their dollar ceilings are statewide and are explained on the Ohio state page. Getting the route right before your first trip matters more here than in a metro county, because Local Rule 57.4 requires the filing that opens an estate to be brought to the counter in Eaton in person, and because the court will return a deficient filing to the sender unfiled rather than hold it.
Identify every bank and credit-union account, retirement plan, brokerage holding, life-insurance policy, vehicle, and parcel of real property, along with every debt, before you file. How each asset is titled decides whether it passes through the estate at all: property held jointly with right of survivorship, accounts with a named beneficiary, and land covered by a recorded transfer on death designation affidavit (R.C. 5302.22) go directly to the survivor or beneficiary and never reach the probate court. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step, so that the application you hand across the counter in Eaton lists the estate accurately the first time.
Which court handles jurisdiction
Preble County Probate Court in Eaton is the single probate filing office for the whole county. Everything is at one address, on the 2nd floor of the courthouse at 101 East Main Street, and there is no branch, satellite or district office. The court serves every part of the county, including Eaton, the county's only city and its county seat, the villages of Camden, College Corner, Eldorado, Gratis, Lewisburg, New Paris, Verona, West Alexandria, West Elkton and West Manchester, and the twelve townships of Dixon, Gasper, Gratis, Harrison, Israel, Jackson, Jefferson, Lanier, Monroe, Somers, Twin and Washington. The county's own history page notes that nearly three quarters of Preble County is farmland, and the county is crossed by Interstate 70, U.S. 127, U.S. 35 and U.S. 40, so most of the county is a short drive from Eaton even though the communities are small and spread out.
Venue for an Ohio estate is the county where the decedent was a resident at the time of death (R.C. 2113.01). If the person lived in Preble County, file in Preble County Probate Court, even if they died in a hospital in Dayton, Middletown, Hamilton, Richmond or Cincinnati. Ohio's statute says resident, not domiciled, and the probate court where the will is admitted is the court that grants letters. Ohio has no probate district, circuit or regional overlay: all 88 counties have their own probate court, seated at the county seat (R.C. 2101.01(A)), and Preble County's sits in Eaton.
Three different courts serve Preble County residents, and only one of them handles estates. Preble County Probate Court, (937) 456-8137, is the probate division of the Court of Common Pleas and is where wills, estates, guardianships, adoptions, name changes and marriage licenses are filed; the same elected judge also runs the Juvenile Division at (937) 456-8136, so the office may answer as the Juvenile and Probate Court. The Preble County Clerk of Courts, (937) 456-8160, keeps the records of the general and domestic relations divisions and runs their e-filing system, and does not open estates. Eaton Municipal Court is a different court again. Use the number the probate court publishes on its own site.
The jurisdiction process
- Gather the documents. Collect the original signed will if there is one, a certified copy of the death certificate, the applicant's contact details and identification, the names and addresses of the surviving spouse, children, next of kin, legatees and devisees, and a list of the assets and debts with values. Local Rule 60.1(C) requires a copy of the death certificate or other acceptable evidence of death to be filed with the application, and Local Rule 60.1(D) lets the court require photographic identification from an applicant who has no attorney. A person named in a will to settle the estate is an executor; a person appointed where there is no will is an administrator; Ohio's umbrella term for either, used throughout the Revised Code and the forms, is fiduciary.
- Have the index of wills checked. Local Rules 59.1(A) and 60.1(B) require the applicant or the applicant's attorney to examine the court's index of wills before an application is filed to admit a will, appoint an estate fiduciary or relieve an estate from administration, to confirm the decedent did not deposit an earlier will with the court for safekeeping. Any deposited will is then filed in the estate proceedings for record purposes. Ask the court's office in Eaton to check the index for you.
- Get the statewide forms. Ohio uses one set of Standard Probate Forms prescribed by the Supreme Court of Ohio in every county, and Local Rule 51.1 requires them for all filings in Preble County unless a computer-generated form meets the format conditions in Local Rule 52.1. For a full administration the load-bearing items are Form 1.0 (Surviving Spouse, Children, Next of Kin, Legatees, and Devisees), Form 2.0 (Application to Probate Will) where there is a will, and Form 4.0 (Application for Authority to Administer Estate). Before appointment the application must name the surviving spouse and next of kin and state in general terms what the estate consists of and its probable value (R.C. 2113.07).
- Handle the notices. Local Rule 60.1(A) requires the person filing an Application for Authority to Administer Estate to give notice to the surviving spouse and to all next of kin unless notice is waived. Where a will is offered, Local Rule 59.1(D) requires Notice of Probate of Will by certified mail to every person listed on Form 1.0 whose address is known, with notice by publication where an identity or address is unknown, and Local Rule 59.1(E) says a Certificate of Service of Notice of Will (Form 2.4) must be approved before it is filed.
- File the case-opening papers in person in Eaton. Local Rule 57.4 is specific: any filing that commences a proceeding for which the court must collect an initial case deposit against costs must be filed in person, so the application that opens the estate goes across the counter at 101 East Main Street, Courthouse 2nd Floor, Eaton, OH 45320, between 8 a.m. and 4 p.m. Monday to Friday. The same rule opens mail filing to a list of later documents, and Local Rule 57.5 opens fax and email filing to the same list. A filing with a deficiency in the papers or the costs is returned to the sender unfiled.
- Pay the deposit. Ohio fixes the fee items by statute, including $35.00 to appoint a fiduciary and $15.00 to probate a will (R.C. 2101.16(A)), and each court sets its own deposit by local rule, with the advance deposit taken at application capped at $125.00 (R.C. 2101.16(E)). Preble County's published cost list sets a $300.00 deposit for a full administration, $200.00 for a release from administration and $100.00 for a summary release, and Local Rule 58.1 applies the deposit as filings occur and allows the court to require more. Local Rule 58.1(B) accepts cash, money order, a law firm check, a fiduciary account check for an estate, a certified check or a cashier's check. Call (937) 456-8137 to confirm the amount before you drive in.
- Take the appointment and collect the letters. On an admitted will the court issues letters testamentary to the executor; with no will it issues letters of administration to the administrator (R.C. 2113.05). Either way the appointment is recorded on Form 4.5 (Entry Appointing Fiduciary; Letter of Authority), and the certified letter of authority is what banks, transfer agents and title companies rely on. Certified copies cost $1.00 per page under R.C. 2101.16(A), and the court's own Local Rule 55.1 sets its certified-copy charge at $2.00, so ask what a certified letter of authority costs and order enough copies for every institution the estate deals with while you are at the counter.
- Send the Medicaid estate recovery notice within 30 days where it applies. Where the decedent, or the decedent's spouse, was subject to the Medicaid estate recovery program, the person responsible for the estate must submit a completed medicaid estate recovery notice form to the administrator of the medicaid estate recovery program not later than thirty days after letters are granted or an application for release or summary release is filed (R.C. 2117.061(B)). Local Rule 62.1(D) states the court's own trigger: where the decedent was 55 or older at death and had received Medicaid, Form 7.0 is filed with the court and a copy is sent by certified mail to the administrator of the estate recovery program.
- File the inventory within three months and let it be set for hearing. The fiduciary must file an inventory of the decedent's real and personal property within three months after appointment unless the court grants an extension for good cause (R.C. 2115.02), on Form 6.0 (Inventory and Appraisal). Local Rule 61.2 then requires notice of the inventory hearing to the next of kin and beneficiaries listed on Form 1.0 unless waived, a copy of the inventory itself to those people, and an Affidavit of Service as proof; the inventory is approved pro forma on the hearing date unless timely exceptions are filed. Local Rule 61.1 lets the fiduciary use the county auditor's tax value for real estate in place of a formal appraisal, documented in writing and attached to the inventory, and requires no formal appraisal of household goods and other tangible personal property unless the estimated value exceeds $5,000.00.
- Handle creditor claims. In Ohio all claims against the estate must be presented within six months after the date of death, whether or not an executor or administrator was appointed in that period, and a claim presented later is forever barred (R.C. 2117.06), subject only to the Medicaid estate recovery exception in R.C. 2117.061(D). Ohio requires no newspaper advertisement of the grant of letters. Local Rule 62.1(A) adds that no estate is closed until all claims filed with the court have been resolved, and that a copy of any rejection plus proof of service must be filed with the court.
- Account, then close. The fiduciary must render a final and distributive account within six months after appointment unless one of the statutory exceptions applies, and where the sole heir or beneficiary is also the fiduciary a certificate of termination may be filed instead (R.C. 2109.301). The account goes in on Form 13.0 (Fiduciary's Account) and is examined by the court's clerk under Local Rule 64.1, which requires itemized receipts, itemized disbursements referenced by number or letter and date, an itemized statement of assets on hand, the closing statement for any real estate sold, and the fiduciary's signature. A copy of the account goes to each heir or beneficiary at the time of filing, and notice of the hearing on a final account goes to the heirs of an intestate estate or the residuary beneficiaries of a testate estate. Where Ohio real estate passes through the estate rather than being sold, apply for a Certificate of Transfer on Form 12.0, submit the proposed Form 12.1 with a copy for recording, and record the certificate with the Preble County Recorder.
Executor duties
The statewide duties of an Ohio executor or administrator, the inventory within three months (R.C. 2115.02), the account within six months (R.C. 2109.301) and the six-month creditor window measured from death (R.C. 2117.06), are covered on the Ohio state page. Preble County's local rules add specific paperwork on top of them, and most of it is about keeping heirs and beneficiaries informed.
| Local duty | What the rule requires |
|---|---|
| Copy the inventory to the family, not just the notice | Local Rule 61.2(C) requires the executor or administrator to send a copy of the Inventory and Appraisal itself to the decedent's next of kin and to all beneficiaries listed on Form 1.0 and their attorneys, in addition to the notice of hearing required by 61.2(B). Proof of notice is filed as an Affidavit of Service setting out the manner of service |
| Confirm title before filing the inventory | Local Rule 61.2(A) requires counsel to examine record title to the decedent's real estate before the inventory is filed, for the sole purpose of confirming the decedent's ownership interest |
| Report newly discovered assets separately | Local Rule 61.2(F) has the fiduciary file a Report of Newly Discovered Assets, which is not set for hearing and needs no notice unless the court orders otherwise; a different kind of error requires an Amended Inventory instead under 61.2(G) |
| Copy every account to every heir or beneficiary | Local Rule 64.1(G)(1) requires a copy of the account to go to each heir of an intestate estate and each beneficiary of a testate estate at the time of filing, with limited exceptions for unknown addresses and satisfied specific bequests, and 64.1(G)(2) requires notice of the hearing on a final account to the heirs or the residuary beneficiaries and to counsel of record |
| File the extension papers with a partial account | Local Rule 64.1(G)(3) requires an Application to Extend Administration and a Certificate of Service of Account to Heirs and Beneficiaries to accompany a partial account, a waiver of partial account, or an affidavit and entry in lieu of a partial account |
| File the fee computation with the final account | Local Rule 71.1(I) makes it the responsibility of the attorney for the executor or administrator to file a statement of attorney fees and fiduciary fees with the final account, in the form of the court's Appendix C. Local Rule 71.1(J) requires the sale price, not the appraised value, to be used in computing attorney fees on real estate sold, with the closing statement attached to the account |
| Keep the court's address on file current | Local Rule 60.1(F) requires every executor and administrator and their attorney to tell the court in writing within 30 days of any change of address or telephone number |
| Expect a citation if a filing goes late | Local Rules 64.1(K) and 78.1 have the court issue a citation by certified mail on a delinquent filing, requiring the fiduciary and the attorney to appear in person; the hearing is waived only once the proper filings are made, and a response to a citation must be filed at least 48 hours before the hearing (Local Rule 57.1(G)) |
| Set up a guardianship before paying a minor | Local Rule 64.1(G)(5) bars distribution to a minor heir or beneficiary until a guardianship is established in Preble County or elsewhere, unless the will provides otherwise or the distribution is $10,000.00 or less, in which case it may go to a custodian under the Uniform Transfers to Minors Act |
Forms and documents
Probate forms in Preble County
Preble County files the statewide Standard Probate Forms and adds a small set of its own. Ohio uses one set of Standard Probate Forms prescribed by the Supreme Court of Ohio in all 88 counties, and Local Rule 51.1 requires them for every filing in this court, with computer-generated substitutes allowed only where they satisfy Local Rule 52.1: same words, same sequence, same location on the page, same side or page on a multi-page or two-sided form, with any interlineated information typed or written legibly in ink. Local Rule 52.1(C) lets the court reject a form that deviates from the standard format before filing, or strike it from the record afterwards.
The load-bearing statewide items for a decedent's estate are Form 1.0 (Surviving Spouse, Children, Next of Kin, Legatees, and Devisees), Form 2.0 (Application to Probate Will), Form 2.4 (Certificate of Service of Notice of Probate of Will), Form 4.0 (Application for Authority to Administer Estate), Form 4.5 (Entry Appointing Fiduciary; Letter of Authority), Form 5.0 (Application to Relieve Estate From Administration) with Form 5.1 (Assets and Liabilities of Estate to be Relieved from Administration) and Form 5.6 (Entry Relieving Estate from Administration), Form 5.10 (Summary Release From Administration), Form 6.0 (Inventory and Appraisal), Form 7.0 (Certification of Notice to Administrator of Medicaid Estate Recovery Program), Form 12.0 (Application for Certificate of Transfer) with Form 12.1 (Certificate of Transfer) and Form 13.0 (Fiduciary's Account). Confirm the current version on the Supreme Court of Ohio forms page before you file, because form numbering and titles are revised from time to time.
The court's own Court Rules and Forms page publishes the local set: Appendix B and Appendix C to the local rules, PC Form 71.2-C (Attorney Fee Computation), Worksheet A (Guardian Compensation) and Worksheet B (Trustee's Compensation). Appendix B carries the court's fee guidelines for attorneys and trustees (Local Rules 71.1(D) and 74.1(A)), and Appendix C is both the guardian compensation schedule (Local Rule 73.1(A)) and the fee computation statement that Local Rule 71.1(I) requires the estate's attorney to file with the final account. Two more local forms come out of the rules rather than the forms page: a fax filing must carry a cover page on P.C. Form 200.95, and a request to seal or unseal a record uses P.C. Form 200.47. The same page publishes the probate local rules and the annual Inventories and Accounts hearing-date calendars.
| Resource | What it provides |
|---|---|
| Preble County Probate Court, Court Rules and Forms (prebleohiojuvenileprobate.org) | The court's own page: the probate local rules effective January 1, 2026, the Inventories and Accounts hearing-date calendars for 2025 and 2026, Appendix B, Appendix C, PC Form 71.2-C, Worksheet A and Worksheet B |
| Supreme Court of Ohio Standard Probate Forms, decedent's estate (supremecourt.ohio.gov) | The statewide forms you file in Preble County, including Forms 1.0, 2.0, 2.4, 4.0, 4.5, 5.0, 5.1, 5.6, 5.10, 6.0, 7.0, 12.0, 12.1 and 13.0, with the numbered variants and waivers |
| Preble County probate local rules, effective January 1, 2026 (PDF) | The rules that shape a filing here: hours (53.1), records and copy charges (55.1), motions and the small-estate letter (57.1), mail filing (57.4), fax and email filing (57.5), court costs (58.1), wills (59.1), the application to administer (60.1), appraisals and inventory (61.1 and 61.2), claims (62.1), accounts (64.1), relieving estates from administration (65.2) and attorney fees (71.1) |
| Preble County Probate Court fees (prebleohiojuvenileprobate.org) | The court's published cost list, marked updated December 2020 and still posted in July 2026, with the estate deposits and per-filing charges |
Fees
Ohio sets most probate fee items by statute and leaves the deposit to each county. R.C. 2101.16(A) fixes the items statewide: $35.00 to appoint a fiduciary, $15.00 to probate a will, $60.00 to relieve an estate from administration or grant a summary release under R.C. 2113.03 or R.C. 2113.031, $10.00 for an inventory with appraisement, $12.00 for an account and $1.00 per page for certified copies. R.C. 2101.16(E) caps the advance deposit a probate court may require by local rule at the time an application is made at $125.00, and R.C. 2101.162 and R.C. 2101.163 allow optional computerization and dispute-resolution charges. What a Preble County filer actually hands over is the court's own deposit against costs, which is applied as filings occur under Local Rule 58.1(A) and (C)(1) and can be topped up if the case runs long.
The figures below are the court's own published cost list, read from its Probate Court Fees page in July 2026. The schedule is marked updated December 2020, and Local Rule 58.1(A) requires the court to maintain and make available a current list of costs, so confirm the amount at (937) 456-8137 before you file. The posted list also still carries line items tied to Ohio's pre-2013 death tax, which was repealed for deaths on or after January 1, 2013 and does not apply to a current estate; those items are not reproduced here.
| Filing | Preble County cost |
|---|---|
| Full administration, deposit | $300.00 |
| Release from administration, deposit | $200.00 |
| Summary release from administration | $100.00 |
| Will filed only, no administration | $63.00 |
| Deposit of a will for safekeeping | $25.00 |
| Inventory | $10.00 |
| Newly discovered assets | $7.00 |
| Account | $13.00 |
| Application for certificate of transfer | $7.00 |
| Transfer of real estate | $55.00 |
| Transfer of real estate with a will | $70.00 |
| Transfer of a motor vehicle | $5.00 |
| Distribution in kind | $5.00 |
| Representation of insolvency | $10.00 |
| Reopening an estate and reappointing a fiduciary | $100.00 |
| Wrongful death settlement | $20.00 |
| Application or motion with an entry | $5.00 |
Three more local charges matter. Copies of case documents cost 25 cents per page for the first 50 pages and 10 cents per page from page 51, and the court's certified-copy charge is $2.00, all under Local Rule 55.1. Local Rule 58.1(B) accepts only cash, a money order, a law firm check from an Ohio-admitted attorney, a fiduciary account check for an estate, guardianship or testamentary trust, a certified check or a cashier's check, so plan the payment method before you drive to Eaton. And under Local Rule 58.1(C)(2), any prepaid but unearned costs of $25.00 or less left over when the case closes are transferred to the court's indigent guardian fund rather than refunded. Local Rule 58.1(E) is the one that costs people a trip: where a filing incurs a fee, the fee is due when the filing is presented, and the court will return the filing unfiled rather than hold it, unless there is enough left in the case deposit or the court exercises its discretion.
Timeline
Preble County Probate Court publishes the two scheduling facts that matter most in an uncontested estate: when an inventory will be heard and when an account will be heard. The court posts an annual Inventories and Accounts hearing-date calendar on its Court Rules and Forms page, and every hearing on it is set for 10 a.m. and marked pro forma, which means the filing is approved on that date unless someone files timely exceptions (Local Rule 61.2(E)). The calendar pairs a filing window with a single hearing date, so the date your inventory or account is heard depends on which window you file in.
- Appointment. You bring the case-opening application to the counter in Eaton in person (Local Rule 57.4) and the court acts on it at the counter or sets it for hearing. Notice of the hearing on the appointment of a fiduciary goes out on Form 4.4 where notice is required and not waived.
- Inventory, due within three months of appointment (R.C. 2115.02). On the court's 2026 calendar the inventory windows run about three weeks each and the hearing follows about three weeks after the window closes: an inventory filed between July 10 and July 30, 2026 is set for hearing on August 20, 2026, and one filed between July 31 and August 20, 2026 is heard on September 10, 2026.
- Inventory hearing at 10 a.m., pro forma. Approved on the scheduled date unless timely exceptions are filed (Local Rule 61.2(E)), so where notice has been given or waived and nobody objects, the fiduciary usually does not attend.
- Creditor window. All claims must be presented within six months after the date of death, not from appointment or publication (R.C. 2117.06), subject to the Medicaid estate recovery exception in R.C. 2117.061(D). No estate closes until claims filed with the court are resolved (Local Rule 62.1(A)), so this window, not the court's calendar, is usually what sets the earliest realistic closing date.
- Account, due within six months of appointment unless an exception applies (R.C. 2109.301). The account windows on the court's 2026 calendar run about five weeks each with the hearing about five weeks after the window closes: an account filed between July 24 and August 27, 2026 is set for hearing on October 1, 2026, and one filed between August 28 and October 1, 2026 is heard on November 5, 2026.
- Extensions and citations. Where an account cannot be filed on time, file an Application to Extend Administration with the partial account or waiver (Local Rule 64.1(G)(3)). If nothing is filed and no extension is arranged, Local Rules 64.1(K) and 78.1 have the court issue a citation by certified mail requiring both the fiduciary and the attorney to appear, and no extension is granted after the citation issues.
- Land sales. Where the estate has to sell real property through the court, Local Rules 65.1(C) and 78.1(B) set any land sale that has not concluded within one year of filing for a pre-trial conference, with a written status report due at least seven days before it.
The court publishes no filing-to-appointment window, no counter wait and no remote-appearance procedure, so treat the calendar as the reliable part and call (937) 456-8137 about anything else.
Local nuance
Preble County-specific considerations
The single most important local rule is that you cannot open an estate by mail. Local Rule 57.4 states that any filing commencing a proceeding for which the court must collect an initial case deposit against costs must be filed in person, and it then lists exactly which later estate documents the court will accept by mail: inventories and amended inventories with the entries setting them for hearing, certificates of service of notice of probate of wills, waivers of notice of hearing, affidavits of service, attorney fee applications with consents and waivers, appointments of appraisers, applications to transfer motor vehicles, applications for certificates of transfer with the proposed certificate, claims against the estate, exceptions to inventories and accounts, consents to sell real estate, fiduciary bonds, motions with the entries setting them for hearing, suggestions of death, one-and-the-same affidavits and entries, notifications of change of address, an initial application to extend the time of administration, and certificates of fee agreement. A deficient mail filing, in the papers or in the costs, is returned to the sender unfiled, and a file-stamped copy comes back only if you enclose a copy with a self-addressed prepaid envelope or give written instructions to leave it in the sender's mailbox at the court.
Fax and email filing exist here, within the same limits. Local Rule 57.5 allows facsimile filing to (937) 456-5803, a line the rule says is available twenty-four hours a day and seven days a week, on a cover page using P.C. Form 200.95, with no more than twenty pages excluding the cover page and only one case number per transmission. Rule 57.5(13) extends the same rule to email and electronic filing. A faxed document is accepted as the original if the rule is followed, but the filer must keep the source document with original signatures available for the court until the case is closed and any chance of post-judgment relief has passed. Fax and email filing are closed to any filing that opens a case and requires a deposit, any entry on which costs are owed, adoption filings and Applications for Certificates of Transfer, and the filing date is the date the clerk time stamps it, not the date you sent it.
If the applicant lives outside the county, the assets stay here. Local Rule 60.1(E) provides that whenever an applicant resides outside Preble County, all estate assets shall remain in Preble County, and that the restriction does not apply to an applicant who lives in an Ohio county contiguous to Preble County. An out-of-state child or sibling who is appointed should plan on a Preble County estate account and should raise the point with the court before moving anything.
Two shortcuts and one small-estate letter are worth knowing. Local Rule 61.1 lets the fiduciary value real estate at the county auditor's fair market value for tax purposes instead of getting a formal appraisal, with written evidence of that value attached to the inventory; lets auction gross proceeds stand in for an appraisal of tangible personal property; accepts a nationally recognized valuation guide for motor vehicles; and requires no formal appraisal of household goods and other tangible personal property unless the estimated value exceeds $5,000.00. The court maintains its own list of pre-approved disinterested appraisers and disqualifies anyone related by blood or marriage to the decedent, any beneficiary of the estate, and anyone related by blood, marriage or employment to the estate's attorney or the fiduciary. And Local Rule 57.1(H) offers a route that is not in the statutes at all: an attorney may write to the court stating that an estate is under $500.00, with the decedent's name and address, date of death, the assets to be released and the next of kin, and the court may issue a letter authorizing release of the assets. That is this court's own practice, not an Ohio statutory path, and the rule frames it as a letter from an attorney.
Small-estate Alternatives
Preble County has its own local rule for relieving an estate from administration, and it asks for more than the statute does. Local Rule 65.2 states that estates of $100,000.00 or less may be relieved from administration if they statutorily qualify under R.C. 2113.03, which is the statute that carries the actual ceilings and conditions, and it encourages a specific form set: Form 5.0 with Form 1.0, Form 5.1 and Form 5.6 in every case. On top of that, the rule requires every application to be accompanied by a waiver or a paid-in-full receipt signed by the funeral director, and by a certificate of service confirming that the applicant mailed a copy of the application and of the proposed judgment entry, by certified mail, to all of the decedent's next of kin, to the legatees and devisees if there was a will, and to any unpaid creditors.
Two more details save a second trip. If real estate is being transferred in the release, Local Rule 65.2(B) requires Form 12.1 to be submitted with an extra copy for recording. And no appraiser is appointed in a release that contains no real estate unless the court orders one; where an appraiser is needed, Form 3.0 is attached to Form 5.0 (Local Rule 65.2(C)). The court's published deposit is $200.00 for a release from administration and $100.00 for a summary release under R.C. 2113.031, on the cost list marked updated December 2020 and still posted in July 2026, so confirm the amount at (937) 456-8137. A release does not shorten the six-month creditor window measured from the date of death (R.C. 2117.06), and it does not remove the Medicaid estate recovery notice where that program applies (R.C. 2117.061). The statewide ceilings and the choice between the two paths are covered on the Ohio state page.
Recent updates
| Change | What it means for a filing |
|---|---|
| New probate local rules effective January 1, 2026 | Preble County Probate Court published a fresh 39-page set of local rules dated effective January 1, 2026, superseding its earlier rules. This is the set that carries the in-person case-opening requirement (57.4), the fax and email filing rule (57.5), the court costs rule (58.1), the release-from-administration requirements (65.2) and the attorney fee guidelines in Appendix B. Read the current PDF from the court's Court Rules and Forms page rather than an older copy |
| 2026 Inventories and Accounts hearing calendar posted | The court has posted its 2026 filing-window and hearing-date calendar alongside the 2025 one, with all hearings at 10 a.m. and pro forma. Check the current year's sheet before you file, because the window you file in decides the hearing date |
| Cost list still dated December 2020 | The court's Probate Court Fees page was still showing a schedule marked updated December 2020 when this page was checked in July 2026, while Local Rule 58.1(A) requires the court to maintain a current list of costs. Treat the posted figures as a guide and confirm the deposit at (937) 456-8137 before you file |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Preble County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Eaton-area home was held jointly with right of survivorship, or was covered by a transfer on death designation affidavit recorded with the Preble County Recorder before death (R.C. 5302.22), it passes to the survivor outside probate and the court is not involved in the house itself. If other assets stood in the decedent's sole name, the spouse files in Preble County Probate Court: Form 2.0 and Form 4.0 with a will, leading to letters testamentary, or Form 4.0 alone with no will, leading to letters of administration. Where the spouse inherits everything, the estate may qualify to be released from administration rather than fully administered (R.C. 2113.03), which is a shorter filing on Forms 5.0, 1.0, 5.1 and 5.6 under Local Rule 65.2, with the funeral director's receipt or waiver attached. Either way the opening papers go to the counter at 101 East Main Street in person, and the deposit is $300.00 for a full administration or $200.00 for a release on the court's posted cost list. | Asset discovery to confirm how the home and the accounts are titled and what actually has to reach the court. Packet generation for the Preble County filing, whether a full administration or a release. A vetted attorney referral if the title or a claim turns out to be contested. |
| Out-of-state adult child, small estate | Where the estate qualifies, an interested party can apply to relieve it from administration on Forms 5.0, 1.0, 5.1 and 5.6 instead of running a full administration (R.C. 2113.03, Local Rule 65.2). Two Preble County rules shape this. First, the opening application cannot be mailed: Local Rule 57.4 requires a filing that commences a proceeding and needs an initial deposit to be filed in person, so plan one trip to Eaton or have a local attorney file it. Second, Local Rule 60.1(E) provides that where the applicant lives outside Preble County, all estate assets shall remain in Preble County, unless the applicant lives in a contiguous Ohio county. Later documents can be mailed, faxed to (937) 456-5803 or emailed within the limits of Local Rules 57.4 and 57.5, and you can follow the case on the court's CaseLook search from out of state. A release still requires the Medicaid estate recovery notice where that program applies (R.C. 2117.061) and does not shorten the six-month creditor window (R.C. 2117.06). | Asset discovery to establish the estate's value from out of state and confirm which route it qualifies for. Packet generation for the release or the full administration, assembled so the one in-person trip to Eaton is enough. Attorney referral where filing locally is easier than travelling. |
| Parent settling a predeceased child's estate, home must be sold | Because real property has to be sold, this goes through a full administration: with no will the parent files Form 4.0 in Preble County Probate Court, is appointed administrator, and receives letters of administration; with a will the parent probates it on Form 2.0 and receives letters testamentary. The $300.00 full administration deposit applies. The inventory follows within three months (R.C. 2115.02) on Form 6.0, and Local Rule 61.1 lets the parent use the Preble County auditor's tax value for the house instead of paying for a formal appraisal, with written evidence attached. The inventory is then heard at 10 a.m. on the court's published calendar date and approved pro forma unless exceptions are filed. Where the sale runs through the court, Local Rule 65.1 has the court appoint one disinterested appraiser, requires a letter of protection from the buyer's title company before closing, and sets any land sale not concluded within a year for a pre-trial conference. Where the property passes to heirs rather than being sold, the route is Form 12.0 with Form 12.1, recorded with the Preble County Recorder. | Asset discovery for the child's accounts, insurance and real property. Packet generation for the administration and the inventory. Attorney referral where the sale, a mortgage payoff or a dispute among heirs makes counsel worthwhile. |
Self-help resources
| Resource | What it offers |
|---|---|
| Preble County Probate Court contact information (prebleohiojuvenileprobate.org), (937) 456-8137 | The filing office for estates: the Eaton address with the 2nd floor location, the court's own phone and fax, the [email protected] email, staff extensions and the 8 a.m. to 4 p.m. hours. Court staff can explain procedure and check the index of wills but are barred from giving legal advice or helping complete a form |
| Preble County Probate Court, Court Rules and Forms (prebleohiojuvenileprobate.org) | The probate local rules effective January 1, 2026, the Inventories and Accounts hearing-date calendars for 2025 and 2026, and the court's local forms including Appendix B, Appendix C, PC Form 71.2-C, Worksheet A and Worksheet B |
| Preble County Probate Court fees (prebleohiojuvenileprobate.org) | The court's published cost list, marked updated December 2020, with the $300.00 full administration deposit, the $200.00 release deposit and the per-filing charges |
| Preble County Probate Court CaseLook record search | The court's own online docket search, covering the Estate, Guardianship, Trusteeship, Civil, Marriage and Miscellaneous case types, plus birth and death record searches. Search by name, case number or file date after accepting the disclaimer and clearing a CAPTCHA; the court warns of a posting delay of at least twenty-four hours |
| Preble County Probate Court resources (prebleohiojuvenileprobate.org) | The court's own plain-language handouts, including Representing Yourself in Court, Why Can't I Talk to the Judge and Legal Terminology, plus its links to social services in the county |
| List of attorneys who serve Preble County (PDF, 2024) | The court's own list of attorneys practising in and around Preble County with addresses and phone numbers, useful in a county with a small local bar |
| Supreme Court of Ohio Standard Probate Forms, decedent's estate (supremecourt.ohio.gov) | The statewide forms used in every Ohio county, including Preble, with the numbered variants and waivers |
| Supreme Court of Ohio local rules of court (supremecourt.ohio.gov) | The statewide index that links each county's probate-division local rules, useful if an estate touches more than one county |
| Supreme Court of Ohio, Ohio trial courts directory (supremecourt.ohio.gov) | The official court names and links for every county's Court of Common Pleas divisions, which is how the Preble County Probate Division's website was confirmed |
| Ohio Legal Help (ohiolegalhelp.org) | Plain-language Ohio probate guides, including release from administration and summary release, from a statewide non-profit. Not a government site, so confirm court contact details with the court itself |
| Legal Aid of Western Ohio, Dayton office (lawolaw.org), (937) 228-8088 | Free civil legal help for eligible low-income residents. Preble County is inside the 32-county service area that Legal Aid of Western Ohio and Advocates for Basic Legal Equality cover, and Dayton is the nearest office at 130 West Second Street, Suite 700 West. Intake for Preble County callers runs through the Legal Aid Line at (888) 534-1432. Confirm it can take a probate matter before relying on it |
| Legal Aid Line: where we help (legalaidline.org) | The intake site for Legal Aid of Western Ohio and Advocates for Basic Legal Equality, which lists Preble among the 32 counties they serve and takes applications online or by phone |
| Pro Seniors legal helpline (proseniors.org), (800) 488-6070 | Free legal information, advice and referral for Ohio residents age 60 and over, regardless of income or resources, by scheduled phone appointment with an attorney. Medicaid estate recovery is one of the topics it handles |
| Ohio Legal Help: find your legal aid (ohiolegalhelp.org) | Confirms which legal-aid program covers a given Ohio county and how to apply |
| Ohio State Bar Association lawyer referral (ohiobar.org) | Referrals to Ohio probate attorneys, including the Dayton and Cincinnati area firms that serve Preble County |
When to hire an attorney
Many Preble County estates are uncontested and can be handled without an attorney, particularly where a surviving spouse inherits everything and the estate qualifies to be relieved from administration rather than fully administered. Consider counsel when a will is contested or a dispute among heirs is likely, when farmland, a farm business or other real property has to be sold or divided, when the estate is insolvent or a creditor is pressing a claim inside the six-month window (R.C. 2117.06), when a wrongful-death or injury claim is part of the estate, when the estate includes out-of-state property, or when a guardianship for a minor or an incompetent adult has to run alongside the estate. Two local factors push toward counsel here. Case-opening filings must be made in person in Eaton under Local Rule 57.4, which is awkward for an out-of-state applicant, and Local Rule 60.1(E) keeps estate assets in Preble County where the applicant lives outside the county and outside the contiguous Ohio counties. Court staff can explain procedure but are barred from giving legal advice or helping fill out a form, and the court publishes its own list of attorneys who serve the county for that reason. Sunset can connect families to a vetted Ohio probate attorney serving Preble County and the wider Dayton area.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Preble County real estate and unclaimed property, so you know the estate's value and which Ohio route fits before you make the trip to Eaton.
Generate the probate packet. Sunset assembles the paperwork for your estate settlement route, whether a full administration or an application to relieve the estate from administration, on the statewide Standard Probate Forms that Local Rule 51.1 requires, ready to file at the Preble County Probate Court counter.
Find a local probate attorney. When a matter is contested or otherwise calls for counsel, Sunset connects families to a vetted Ohio probate attorney serving Preble County.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file for probate in Preble County?
With the Preble County Probate Court on the 2nd floor of the courthouse at 101 East Main Street, Eaton, OH 45320. It is the probate division of the Preble County Court of Common Pleas (R.C. 2101.01), and because the elected probate judge is also the court's clerk (R.C. 2101.11(A)(1)(a)), estates are filed with the probate court itself, not with the Preble County Clerk of Courts. File in Preble County if the person was a resident of the county at the time of death (R.C. 2113.01).
Can I open a Preble County estate by mail?
No. Local Rule 57.4 requires any filing that commences a proceeding for which the court must collect an initial case deposit against costs to be filed in person, so the application that opens the estate has to be brought to the counter in Eaton. The same rule then lists what the court will accept by mail afterwards, including inventories, certificates of service, waivers, affidavits of service, attorney fee applications, applications to transfer motor vehicles, applications for certificates of transfer, claims, fiduciary bonds and change of address notices. A deficient mail filing is returned unfiled, and to get a file-stamped copy back, enclose a copy with a prepaid self-addressed envelope or ask in writing for it to be left in your mailbox at the court.
Is there e-filing for probate in Preble County?
There is no e-filing portal, but there is fax and email filing. Local Rule 57.5 allows facsimile filing to (937) 456-5803, a line the rule says is open twenty-four hours a day and seven days a week, on a cover page using P.C. Form 200.95, capped at twenty pages excluding the cover page and one case number per transmission, and Rule 57.5(13) applies the same rule to email filing. It cannot be used to open a case, to file an entry on which costs are owed, for adoptions or for an Application for Certificate of Transfer. The Preble County Clerk of Courts e-filing system is a different office and covers the general and domestic relations divisions, not probate. Ohio has no statewide probate e-filing system.
How do I look up a Preble County probate case online?
Use the court's own CaseLook record search, linked from the court's site as the Probate Docket Search. You accept a disclaimer, then search by name, case number or file date across the case types Civil, Estate, Guardianship, Marriage, Miscellaneous and Trusteeship, with separate birth-record and death-record searches, after clearing a CAPTCHA. The court's own notice warns that a filing can take at least twenty-four hours to appear and that anyone needing verified records should request them from the court. Copies of case documents cost 25 cents per page for the first 50 pages and 10 cents per page after that, with certified copies at $2.00 under Local Rule 55.1.
How much does it cost to file probate in Preble County?
Ohio fixes most fee items by statute, including $35.00 to appoint a fiduciary, $15.00 to probate a will and $60.00 to relieve an estate from administration or grant a summary release (R.C. 2101.16(A)), and each court sets its own deposit by local rule, with the advance deposit at application capped at $125.00 (R.C. 2101.16(E)). Preble County publishes its own cost list: $300.00 as the deposit for a full administration, $200.00 for a release from administration, $100.00 for a summary release, $63.00 to file a will only, $13.00 for an account and $10.00 for an inventory. That schedule is marked updated December 2020 and was still posted in July 2026, and Local Rule 58.1 requires the court to keep a current list, so call (937) 456-8137 to confirm. Bring cash, a money order, a law firm check, a fiduciary account check, a certified check or a cashier's check, because Local Rule 58.1(B) accepts only those.
When will my Preble County inventory or account be heard?
On the date the court's published calendar gives for your filing window. The court posts an Inventories and Accounts hearing-date calendar each year on its Court Rules and Forms page, and every hearing on it is set for 10 a.m. and marked pro forma. On the 2026 calendar an inventory filed between July 10 and July 30, 2026 is heard on August 20, 2026, and an account filed between July 24 and August 27, 2026 is heard on October 1, 2026. Under Local Rule 61.2(E) the inventory is approved on that date unless timely exceptions are filed, so where notice has been given or waived and nobody objects, most fiduciaries do not attend.
What forms do I need for probate in Preble County?
Mostly the statewide Standard Probate Forms prescribed by the Supreme Court of Ohio, which Local Rule 51.1 requires for all filings here. For a full administration the core items are Form 1.0 (Surviving Spouse, Children, Next of Kin, Legatees, and Devisees), Form 2.0 (Application to Probate Will) if there is a will, Form 4.0 (Application for Authority to Administer Estate), Form 6.0 (Inventory and Appraisal) and Form 13.0 (Fiduciary's Account); for a smaller estate, Local Rule 65.2 asks for Forms 5.0, 1.0, 5.1 and 5.6 with a waiver or paid-in-full receipt signed by the funeral director. Preble County adds a few local forms of its own: Appendix B and Appendix C to the local rules, PC Form 71.2-C for attorney fee computation, Worksheet A and Worksheet B, and P.C. Form 200.95 as the cover page for a fax filing. A computer-generated version of a standard form is accepted only if it meets Local Rule 52.1.
Can I appear by phone or video in Preble County Probate Court?
Nothing is published, so ask. Local Rule 5(E).1 confirms the court has adopted and maintains a court technology plan under Superintendence Rule 5 that covers conducting remote hearings, electronic service and the acceptance of electronic signatures, but the plan itself is not posted on the court's site and no remote-appearance procedure is published. Call (937) 456-8137 about a specific hearing. In practice most inventory and account hearings are pro forma and unattended, and Local Rule 65.1(C) expressly lets a fiduciary be available by telephone for a land sale status conference.
Do I have to travel to Eaton to settle an estate in Preble County?
At least once. Local Rule 57.4 requires the case-opening filing to be made in person, so someone has to be at the counter at 101 East Main Street, or a local attorney has to file for you. After that, much of an uncontested estate can be run by mail, fax to (937) 456-5803 or email within the limits of Local Rules 57.4 and 57.5, and the CaseLook search lets you follow the docket from anywhere. Plan on Eaton for a contested hearing and for picking up certified copies of the letter of authority, which is what banks and title companies ask for. Note Local Rule 60.1(E): where the applicant lives outside Preble County and outside a contiguous Ohio county, the estate assets have to stay in Preble County.
Is the probate court the same as the juvenile court in Preble County?
It is the same court and the same judge, in two divisions. One elected judge presides over both the Probate Division and the Juvenile Division of the Preble County Court of Common Pleas, and the court brands itself the Preble County Juvenile and Probate Court, so the phone may be answered that way and the same office handles both dockets on the 2nd floor of the courthouse. That arrangement is common in Ohio's smaller counties. Estates, wills, guardianships, adoptions, name changes and marriage licenses are probate matters: call (937) 456-8137, the probate line, rather than (937) 456-8136, which is juvenile, or (937) 456-2085, which is juvenile probation.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.