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Stark County, OH Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Stark County Probate Court, the probate division of the Stark County Court of Common Pleas under the Ohio Revised Code (R.C.) (R.C. 2101.01). Its formal name in the Supreme Court of Ohio's trial-court directory is the Stark County Court of Common Pleas, Probate Division. Stark is one of the Ohio counties with a stand-alone probate division: a single elected probate judge presides over probate alone, and juvenile and domestic relations cases are heard by the separate Stark County Family Court |
| Filing office | The probate court's own clerk's office. In Ohio the elected probate judge is the clerk of the probate court and appoints its deputy clerks (R.C. 2101.11(A)(1)(a)), so estates, wills, guardianships and trusts are filed with the Probate Court directly and not with the Stark County Clerk of Courts, which serves other divisions. The court's own staff can explain procedure but are not permitted to give legal advice, complete forms on your behalf, or recommend particular actions or decisions |
| Courthouse | Stark County Office Building, 110 Central Plaza South, Suite 501, Canton, OH 44702. The court is on the fifth floor of the Stark County Office Building at the southeast corner of Market Avenue and Tuscarawas Street in downtown Canton. It is not in the historic Stark County Courthouse, which stands across the street at the northwest corner of the same intersection, so guidance that sends you to the courthouse for an estate sends you to the wrong building |
| Mailing address | The court publishes no separate post office box, so mail goes to Stark County Probate Court, 110 Central Plaza South, Suite 501, Canton, OH 44702 |
| Phone | (330) 451-7755, the Stark County Probate Court's own line, published on the court's home and Contact Us pages (verified July 2026) |
| [email protected], published on the court's Records page for public records requests. Use the phone line for questions about a filing | |
| Office hours | Monday through Friday, 8:30 a.m. to 4:30 p.m., closed on weekends and legal holidays, with no lunch closure published. The hours appear both on the court's own pages and in Loc.R. 53.1 of the court's local rules published as effective December 12, 2025. The Marriage License Bureau closes earlier, at 4:15 p.m. One timing point matters right now: the court has published that it will be closed to the public from July 27 through August 7, 2026 for case management system upgrades, with drop off and pick up boxes outside the office for filings and delays expected during those weeks, so call before you travel downtown |
| 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 Ohio probate court sets its own advance deposit for costs by local rule, up to $125.00 (R.C. 2101.16(E)), and may add computerization and dispute-resolution charges (R.C. 2101.162, R.C. 2101.163). Stark County Probate Court publishes its own dated schedule, and Loc.R. 58.1 requires deposits to follow the schedule in effect on the date the pleading is filed. Under the schedule effective July 27, 2026 the deposit is $125.00 for a full administration with or without a will, $182.00 for a relief from administration, $141.00 for a two page summary release and $75.00 for a one page summary estate. Note the order: a release deposit here is higher than a full administration deposit. The court accepts only cash or checks (Stark County Probate Court case cost deposit schedule effective July 27, 2026, published on the court's website, verified July 2026, and the court's Estate Filing Guidebook, revised May 15, 2026) |
| Local forms | Yes, a substantial set, in addition to the statewide forms. Ohio uses one set of Standard Probate Forms prescribed by the Supreme Court of Ohio in all 88 counties, and Loc.R. 51.1 requires both those and the court's own local probate forms to be used where they apply. The court's document center publishes 67 documents under Decedent's Estate, a separate Miscellaneous Non-Standard Local Probate Forms category of Stark local forms, and ready-made packets for the full administration, release from administration, one page summary, two page summary, real estate only, land sale and safe deposit box routes |
| E-filing | None published for probate filings. The court's site publishes no e-filing page, portal or vendor, and the court's local rules published as effective December 12, 2025 establish no e-filing system; Loc.R. 57.2 requires original signatures, recognizes an e-filed typed signature only for a document submitted through an individual e-filing account, which the court does not publish, and provides that the rule does not apply to wills, which must be hand-signed originals. Estate filings are made on paper. Do not be misled by the separate Stark County Clerk of Courts e-filing page, which serves other divisions and reads that e-filing is coming soon. Because the court is upgrading its case management system in late July 2026, confirm the current filing channel at (330) 451-7755 before you prepare a filing |
| Case search | Yes, a legacy online index the court hosts at probate.co.stark.oh.us, searchable by last and first name or by case number and covering estate cases. A case-information page returns the case number and caption, the case type, the date of death, the dates the case was opened and closed, the microfilm roll and frame and the parties with their roles, such as executor and attorney. The court's own search page states that the search contains the complete indices of the Probate Court except the marriage indices, that the marriage indices are current from April 23, 1986 forward, that Adobe Acrobat Reader is needed to access document images and that some image files are temporarily unviewable. Treat it as an index rather than a complete document library, and request copies from the court where you need the papers themselves |
| Remote appearance | Not published. The court's local rules published as effective December 12, 2025 contain no remote, video or telephone appearance provision for estate matters, and the court publishes no remote-hearing policy. The court's own guidebook warns that estate administration may require multiple visits to the court and that you may be required to come to court for one or more hearings, so ask the court about the format when a hearing is set |
| Website | https://www.starkcountyohio.gov/probate |
Before you begin — know the assets and liabilities
Before you file anything in Stark County, know exactly what is in the estate and how each asset is titled. Which Ohio route fits depends on whether there is a will, on who inherits, and on the value of the assets that actually pass through the estate, because a full administration, a release from administration and a summary release are different filings with different forms, different notice steps and different deposits. Those routes and their dollar ceilings are statewide and are explained on the Ohio state page. Getting the route right first matters here because the court prices them differently from what most people expect: under the schedule effective July 27, 2026 a full administration deposit is $125.00 while a relief from administration deposit is $182.00, and the court publishes a separate packet for each route.
Identify every bank and credit-union account, retirement plan, brokerage holding, life-insurance policy, vehicle, business interest and parcel of Stark County real estate, along with every debt, before you file. Titling decides whether an asset reaches the court at all: property held jointly with right of survivorship, accounts with a named beneficiary or a payable on death designation, and Canton-area land covered by a transfer on death designation affidavit recorded with the Stark County Recorder before death (R.C. 5302.22) pass directly to the survivor or beneficiary and never reach the probate court. The court expects proof of value as of the date of death for each probate asset, and its local rules tell you what will be accepted: the Stark County Auditor's market value for real estate (Loc.R. 61.4) and a current N.A.D.A. Guide, Kelley Blue Book or comparable figure for a vehicle (Loc.R. 61.5). Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step, so the application you hand across the counter describes the estate accurately the first time. If you cannot get a bank to tell you a balance, the court publishes a local Motion to Release Information for exactly that problem.
Which court handles jurisdiction
Stark County Probate Court in downtown Canton is the single probate filing office for the whole county. There is no branch, satellite or district office: everything is filed with the one court, on the fifth floor of the Stark County Office Building at 110 Central Plaza South, Suite 501. The court serves every community in the county, including the cities of Canton, Massillon, Alliance, North Canton, Louisville and Canal Fulton; the villages of Beach City, Brewster, East Canton, East Sparta, Hartville, Hills and Dales, Magnolia, Meyers Lake, Minerva, Navarre, Waynesburg and Wilmot; and the county's townships, among them Bethlehem, Canton, Jackson, Lake, Lawrence, Lexington, Marlboro, Nimishillen, Osnaburg, Paris, Perry, Pike, Plain, Sandy, Sugar Creek, Tuscarawas and Washington.
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 anywhere in Stark County, the estate is opened in Stark County Probate Court, whichever city, village or township within the county that was, and even if the death occurred in a hospital in another county. Ohio's statute says resident, not domiciled, and the probate court in which a will is admitted to probate is the court that grants letters. Ohio has no probate district, circuit or regional overlay: each of the 88 counties has its own probate court seated at the county seat (R.C. 2101.01(A)).
Two local points are worth checking before you file. First, Stark borders Summit, Portage, Mahoning, Columbiana, Carroll, Tuscarawas and Wayne counties, and several communities at the county line straddle a boundary, so a Canton, Massillon or Minerva mailing address does not by itself put the estate in Stark County; venue follows where the decedent actually lived. Second, the building matters. The Probate Court is in the Stark County Office Building, not in the historic Stark County Courthouse across the intersection, and it is not the Stark County Clerk of Courts: in Ohio the elected probate judge is the clerk of the probate court (R.C. 2101.11(A)(1)(a)), so an estate is opened with the Probate Court itself on the fifth floor.
The jurisdiction process
- Confirm venue and the right court. Stark County is the right county if the decedent was a resident of the county at the time of death (R.C. 2113.01). File with Stark County Probate Court, the probate division of the Court of Common Pleas, at 110 Central Plaza South, Suite 501, Canton, OH 44702, (330) 451-7755. Do not go to the Stark County Clerk of Courts or to the historic courthouse across the street: the probate judge is the clerk of the probate court (R.C. 2101.11(A)(1)(a)) and the office is on the fifth floor of the Stark County Office Building.
- Read the court's Estate Filing Guidebook first. The court publishes an Estate Filing Guidebook, revised May 15, 2026, on its forms page, with a plain-language description of each route and a form-by-form checklist for opening a full administration, a release from administration, a two page summary release, a one page summary release, a certificate of transfer only action, a safe deposit box application and a motion to release bank information. Start there, because the checklist tells you what the counter will expect and court staff are not permitted to give legal advice, complete forms on your behalf, or recommend particular actions.
- Gather the documents the court requires in every estate. Loc.R. 75.1 requires a true and accurate copy of the death certificate with the decedent's Social Security number redacted with the initial filings in every form of estate administration. Collect the original signed will if there is one, the applicant's identification and contact details, the names and addresses of the surviving spouse, children, next of kin, legatees and devisees, proof of ownership and proof of value for each probate asset as of the date of death, and a copy of the funeral bill. 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.
- Download both layers of forms. Ohio uses one set of Standard Probate Forms prescribed by the Supreme Court of Ohio in every county, and 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). Loc.R. 51.1 requires both the statewide forms and the court's own local probate forms to be used wherever they apply, and points filers to the court's website for downloads. Take the matching packet from the court's document center so you do not miss a waiver, notice or entry.
- Take care with Form 1.0, because Stark checks it closely. Loc.R. 75.1(B) requires that where a next of kin or a beneficiary under the will has died, the Form 1.0 must show that person's name and date of death and state whether the deceased heir or beneficiary left issue. The court's guidebook works through three worked examples of family trees for this reason, and tells applicants in doubt to err on the side of providing more information.
- File the application to open the estate at the counter or by mail. For a full administration file Form 4.0 with Form 1.0, adding Form 2.0 and the waivers or notices of probate of will where a will is being admitted, plus Form 4.5 (Entry Appointing Fiduciary; Letters of Authority) and either Form 4.2 (Fiduciary's Bond) or the court's local Forms 4.2A and 4.2B to waive and dispense with bond. For a smaller estate file Forms 5.0 and 5.1 to relieve the estate from administration instead. 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). Filings must carry original signatures, and a will must be a hand-signed original (Loc.R. 57.2).
- Pay the deposit. Loc.R. 58.1 provides that deposits follow the court's Deposit, Fee and Costs Schedule in effect on the date the pleading is filed. Under the schedule effective July 27, 2026 that is $125.00 for a full administration with or without a will, $182.00 for a relief from administration, $141.00 for a two page summary release, $75.00 for a one page summary estate, $125.00 for an ancillary administration or a real estate only action and $101.00 for a will only filing. Those figures are built on statutory items such as the $35.00 fiduciary appointment fee, the $15.00 fee to probate a will and the $60.00 release or summary-release fee (R.C. 2101.16(A)), and $125.00 is also the ceiling the Revised Code puts on a local-rule advance deposit for an appointment or for presenting a will (R.C. 2101.16(E)). The court accepts only cash or checks, and its guidebook warns that additional filing fees may apply as the case goes on (Stark County Probate Court case cost deposit schedule effective July 27, 2026, published on the court's website, verified July 2026).
- Serve the notices yourself where the rules put that on you. In a testate estate every person named on both pages of Form 1.0 must either waive notice on Form 2.1 or be served Notice of Probate of Will on Form 2.2, and the court's guidebook states plainly that serving this notice is the applicant's responsibility, not the court's. A minor cannot waive notice, a minor aged 16 or 17 must be served personally, and notice for a minor under 16 goes to the parents. Where publication is required, Loc.R. 75.1(D) makes the party requesting publication responsible for seeing that it complies with the civil rules and R.C. 2703.14.
- Get appointed and take your letters of authority. On an admitted will the court issues letters testamentary to the executor named in the will (R.C. 2113.05); with no will it issues letters of administration to the administrator. Either way the appointment is recorded on Form 4.5 (Entry Appointing Fiduciary; Letters of Authority), and the letter of authority is the document banks and transfer agents ask to see. Note the local limit before you apply: only one person can be appointed administrator, a non-Ohio resident may not be appointed administrator at all, and a non-Ohio resident may be appointed executor only if nominated as executor in the will and in compliance with Loc.R. 60.1, which requires an Ohio-licensed attorney of record.
- File the Medicaid estate recovery notice 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 properly completed Medicaid estate recovery notice form to the administrator of the program no later than thirty days after letters are granted or after an application for release or summary release from administration is filed (R.C. 2117.061). Compliance is certified to the court on Form 7.0, and the court's checklists mark Form 7.0 as required when applicable, because the duty attaches only where the recovery program was in play (R.C. 2117.061(B)).
- File the inventory within three months. File an inventory of the decedent's Ohio real property and the tangible and intangible personal property to be administered within three months after the date of appointment, unless the court grants an extension of time for good cause shown (R.C. 2115.02), on Form 6.0 (Inventory and Appraisal) with Form 6.1 (Schedule of Assets). Stark adds detail requirements: where the decedent owned less than the whole of an asset the description must state the fractional interest and the actual value of that fraction, and every parcel of real estate must be described by street address and tax parcel identification number (Loc.R. 75.2(A)).
- Track the creditor window, which runs from the date of death. All claims must be presented within six months after the decedent's death, whether or not the estate is released from administration or a fiduciary is appointed in that period, and a claim not presented in that window is forever barred (R.C. 2117.06). Ohio requires no newspaper advertisement of the grant of letters, so the clock does not depend on publication. The one statutory exception is the Medicaid estate recovery administrator, which may present its claim up to ninety days after receiving the recovery notice form or one year after death, whichever is later (R.C. 2117.061(D)).
- Deal with Stark County real estate. Where a Canton-area parcel has to pass through the estate, the fiduciary applies for a Certificate of Transfer on Form 12.0 with Form 12.1 and records the certificate with the Stark County Recorder. Where real estate is the decedent's only probate asset, six months have passed since the death, the funeral bill is paid in full and the decedent was not subject to Medicaid estate recovery, Loc.R. 75.6 lets the court approve a certificate of transfer without any estate or release at all, on the court's local Forms 12.0A through 12.0D with the statewide Forms 12.0, 12.1 and 1.0. Where the property is sold instead, the sale runs through the estate under the fiduciary's authority and the court publishes a land sale packet.
- Account and close. Render a final and distributive account within six months after appointment unless one of the statutory exceptions applies, such as a will contest, a spousal election against the will, an insolvent estate, or the fiduciary being a party in a civil action (R.C. 2109.301). Loc.R. 64.1(A) restates that six-month due date for the final and distributive account or certificate of termination and allows an extension to thirteen months on the statutory grounds, filed on Form 13.8 or Form 13.10. The account goes in on Form 13.0 (Fiduciary's Account) with a Certificate of Service of Account (Form 13.9) filed at the same time (Loc.R. 64.1(D)). Where the sole heir or beneficiary is also the fiduciary, no partial accounts are required and a certificate of termination may be filed instead (R.C. 2109.301(B)(2)). The court will not approve a final account until the surviving spouse has filed an election to take under or against the will or the time to elect has expired, and until all court costs are paid in full (Loc.R. 64.1(E)).
Executor duties
The statutory duties of an Ohio fiduciary, the inventory within three months (R.C. 2115.02) and the final account within six months (R.C. 2109.301), are statewide and are covered on the Ohio state page. What follows is what Stark County adds on top of them in its own local rules, and these are the points a fiduciary here gets caught by.
| Local duty | What the rule requires |
|---|---|
| Value real estate and vehicles the way the court accepts | Loc.R. 61.4 lets the market value of real estate in the Stark County Auditor's property records stand as the readily ascertainable value, with no further appraisal required unless the court orders otherwise, provided a copy of that valuation is attached to Form 6.1 or Form 5.1. Loc.R. 61.5 lets a fiduciary use the current N.A.D.A. Guide, Kelley Blue Book or a comparable guide for a motor vehicle, attaching a copy and stating the vehicle's condition. Using these saves an appraisal fee, but only if you attach the proof |
| Describe partial interests and parcels precisely on the inventory | Where the decedent owned less than the entire interest in an asset, the schedule of assets must state the fractional interest owned and the actual value of that fraction, and every parcel of real estate must be described by street address and tax parcel identification number (Loc.R. 75.2(A)) |
| Choose and clear an appraiser carefully where one is needed | One suitable and disinterested appraiser is appointed by the fiduciary with court approval, and Loc.R. 61.1 disqualifies anyone related by blood or marriage to the decedent, any beneficiary, anyone related by blood, marriage or employment to the estate's attorney or fiduciary, and any real estate agent or broker who will be selling the asset being appraised |
| Serve your own notices and file the proof | Notice of probate of will, notice of an application to relieve an estate and publication where required are the applicant's responsibility rather than the court's (the court's Estate Filing Guidebook, revised May 15, 2026 and Loc.R. 75.1(D)), and the certificate of service of notice of probate of will (Form 2.4) is due within two months of the will being admitted |
| File the account on time and serve it at the same time | Loc.R. 64.1(A) sets the final and distributive account or certificate of termination at not later than six months after appointment, extendable to thirteen months on the grounds listed in R.C. 2109.301(B)(1) by filing Form 13.8 or Form 13.10. Loc.R. 64.1(D) requires the Certificate of Service of Account (Form 13.9) to be filed simultaneously with the account |
| Clear the two conditions before the final account can be approved | Loc.R. 64.1(E) provides that the court will not approve a final account until the surviving spouse has filed an election to take under or against the will or the time to elect has expired, and until all court costs are paid in full. Where land was sold during the accounting period, the account must show the gross proceeds and include a copy of the closing statement itemizing the disbursements (Loc.R. 64.1(F)) |
| Expect a status conference if the estate is still open at thirteen months | Loc.R. 78.2 provides that the statutory times for an inventory and an account are to be adhered to, that the citation procedure will be used to gain compliance if necessary, and that every decedent's estate still open after thirteen months is subject to a status conference. The court may also issue a citation to the attorney of record for a delinquent filing |
| Get bond right at the start | Loc.R. 75.8 lets the court dispense with a bond hearing and appoint without bond where the will dispenses with bond and either all vested beneficiaries named on the Form 1.0 file acceptances of the waiver of bond on the court's local forms, or the named fiduciary is the sole beneficiary. Where bond is required the court will generally set a surety bond of twice the probable value of the personal estate, will not accept personal sureties, and may authorize a restricted account in lieu of bond |
Forms and documents
Probate forms in Stark County
Stark County uses two layers of forms, and Loc.R. 51.1 requires both: standard Supreme Court of Ohio probate forms and the court's own local probate forms are to be used in all matters prescribed for their use, most are available for download on the court's website, all filings must meet the statewide specifications, and the rule warns that forms are subject to change at any time. The first layer is the statewide set: Ohio has one set of Standard Probate Forms prescribed by the Supreme Court of Ohio and used in all 88 counties, published on the Supreme Court's decedent's estate forms page. The second layer is what Stark adds, and it is substantial.
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) with Form 2.1 (Waiver of Notice of Probate of Will), Form 2.2 (Notice of Probate of Will) and Form 2.4 (Certificate of Service of Notice of Probate of Will), Form 4.0 (Application for Authority to Administer Estate), Form 4.3 (Waiver of Right to Administer), Form 4.4 (Notice of Hearing on Appointment of Fiduciary), Form 4.5 (Entry Appointing Fiduciary; Letters 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) with Form 5.11 (Entry Granting Summary Release From Administration), Form 6.0 (Inventory and Appraisal) with Form 6.1 (Schedule of Assets), 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) with Form 13.9 (Certificate of Service of Account to Heirs or Beneficiaries). Note that the summary-release form is Form 5.10 and the application to relieve an estate from administration is Form 5.0. 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.
Stark's own local forms are published in the court's document center, some under a Miscellaneous Non-Standard Local Probate Forms category and some carrying an SCPC prefix. The ones that matter in an estate are Form 5.0A (Application for Summary Estate Administration), which is the court's own one page short-form summary route under Loc.R. 75.5; SCPC 4.2A (Application to Waive and Dispense with Bond) and SCPC 4.2B (Acceptance of Waiver of Fiduciary Bond), which are how bond is waived here under Loc.R. 75.8; the SCPC 12.0A to 12.0D set for a certificate of transfer only action under Loc.R. 75.6, being the petition, the judgment entry, the certificate of service and the waiver of notice and consent; SCPC 2.9 (Motion to Release Information), used to get bank balances and statements where an institution will not release them without a court order; Form 71.2 (Waiver of Estate Attorney Fees), the consent form Loc.R. 71.2(C) accepts in place of a fee hearing; and SCPC 18.9A (Affidavit of Indigency). The local rules also name a Notice to Distributee (Stark Loc. Form 10.4A), which Loc.R. 75.3(D) makes part of the conditions for dispensing with publication in a release from administration.
The practical shortcut is the court's packets. Rather than assembling forms one at a time, the document center publishes ready-made packets for the routes families actually use, including a Full Administration packet, a Release From Administration packet, a One Page Summary packet, a Two Page Summary packet, a Real Estate Only packet, a Land Sale packet, a Safe Deposit Box packet and a Motion to Release Information packet, alongside the Estate Filing Guidebook that explains which packet fits. Filings are made on paper with original signatures (Loc.R. 57.2), a will must be a hand-signed original, and every non-standard form must carry the case number and the filer's own name, address, telephone number and email address where there is no attorney (Loc.R. 57.1). Personal identifiers go on the confidential disclosure form rather than into the public file, and redaction is the filer's responsibility, not the court's (Loc.R. 57.3).
| Resource | What it provides |
|---|---|
| Supreme Court of Ohio Standard Probate Forms, decedent's estate (supremecourt.ohio.gov/forms/all-forms/decedents-estate/8) | The statewide forms used in Stark County, including Forms 1.0, 2.0, 4.0, 4.5, 5.0, 5.1, 5.10, 5.11, 6.0, 7.0, 12.0 and 13.0, with the numbered variants, waivers and entries |
| Stark County Probate Court forms document center (starkcountyohio.gov/probate) | The court's own library, organized by case type, with 67 documents under Decedent's Estate, the Miscellaneous Non-Standard Local Probate Forms category of Stark local forms, and the ready-made estate packets |
| Stark County Probate Court Estate Filing Guidebook | The court's plain-language guide, revised May 15, 2026, published on its forms page: definitions, how to tell probate assets from non-probate assets, worked Form 1.0 family-tree examples, and a form-by-form filing checklist for each route |
| Stark County Probate Court local rules | The local rules published as effective December 12, 2025, including Loc.R. 51.1 on forms, Loc.R. 53.1 on hours, Loc.R. 57.1 to 57.3 on the contents of filings, signatures and personal identifiers, Loc.R. 58.1 on deposits, Loc.R. 60.1 on non-resident fiduciaries, Loc.R. 61.4 and 61.5 on valuing real estate and vehicles, Loc.R. 64.1 on account timelines and Loc.R. 75.1 to 75.6 on the estate routes |
Fees
Ohio splits probate costs in two. Most fee items are set statewide by statute in R.C. 2101.16(A), but the number a family actually pays at the counter is the advance deposit each probate court sets for itself, which the statute caps at $125.00 for an application for appointment as executor or administrator or for presenting a will for probate (R.C. 2101.16(E)), plus the optional computerization and dispute-resolution charges a court may add (R.C. 2101.162, R.C. 2101.163). Stark County Probate Court sets no dollar figures in its local rules at all: Loc.R. 58.1 provides only that deposits shall be in accordance with the court's Deposit, Fee and Costs Schedule in effect on the date the pleading is filed, and the schedule is published separately and dated. The figures below are from the schedule effective July 27, 2026. The court accepts only cash or checks, and its guidebook warns that additional filing fees may apply as a case proceeds, so confirm the current figures at (330) 451-7755 before you file.
| Item | Amount | Notes |
|---|---|---|
| Full administration, with or without a will | $125.00 | The deposit to open a full administration, matching the ceiling the Revised Code puts on a local-rule advance deposit for an appointment as executor or administrator (R.C. 2101.16(E)). The statutory components drawn against it include the $35.00 fiduciary appointment fee and, where a will is admitted, the $15.00 fee to probate a will (R.C. 2101.16(A)) (Stark County Probate Court case cost deposit schedule effective July 27, 2026, published on the court's website, verified July 2026) |
| Relief from administration, with or without a will | $182.00 | The county's deposit to apply to relieve an estate from administration (R.C. 2113.03), filed on Forms 5.0 and 5.1. It is higher than the full administration deposit, which surprises most families. The court does not itemize the line, but a release requires notice to the surviving spouse and next of kin and, unless one of the Loc.R. 75.3(D) conditions is met, publication in a county newspaper, which a full administration does not; the statutory component is the $60.00 fee for relieving an estate from administration or granting a summary release, of which $20.00 goes to the county's indigent guardianship fund (R.C. 2101.16(A)) (Stark County Probate Court case cost deposit schedule effective July 27, 2026, published on the court's website, verified July 2026) |
| Two page summary release | $141.00 | The court's label for the statutory summary release from administration (R.C. 2113.031), filed on Forms 5.10 and 5.11 (Stark County Probate Court case cost deposit schedule effective July 27, 2026, published on the court's website, verified July 2026) |
| One page summary estate, with or without a will | $75.00 | The court's own short-form route under Loc.R. 75.5, filed on Stark local Form 5.0A, available only where the entire verified value of the estate does not exceed $2,000.00 and the applicant has paid or is obligated in writing to pay the funeral expenses (Stark County Probate Court case cost deposit schedule effective July 27, 2026, published on the court's website, verified July 2026) |
| Ancillary administration | $125.00 | For an out-of-state decedent's Ohio property, administered under R.C. Chapter 2129 on Form 4.1 (Stark County Probate Court case cost deposit schedule effective July 27, 2026, published on the court's website, verified July 2026) |
| Real estate only | $125.00 | The deposit for a real estate only action, which in Stark is the certificate of transfer only petition under Loc.R. 75.6 on local Forms 12.0A to 12.0D (Stark County Probate Court case cost deposit schedule effective July 27, 2026, published on the court's website, verified July 2026) |
| Will only | $101.00 | Where a will is admitted without a fiduciary being appointed. Depositing a will with the court for safekeeping is a separate $25.00 line (Stark County Probate Court case cost deposit schedule effective July 27, 2026, published on the court's website, verified July 2026) |
| Reinstatement of a fiduciary | $125.00 | Where a closed estate has to be reopened and a fiduciary reinstated, filed on Form 4.01 (Stark County Probate Court case cost deposit schedule effective July 27, 2026, published on the court's website, verified July 2026) |
| Authenticated copy | $86.00 | The schedule's authenticated copy line, used where another state's court or a registry needs an exemplified record (Stark County Probate Court case cost deposit schedule effective July 27, 2026, published on the court's website, verified July 2026) |
| Estate other, including a safe deposit box or release of information | $25.00 | The deposit for the smaller stand-alone estate filings: an application to appoint a commissioner to open the decedent's safe deposit box on Form 2.8, or the court's local Motion to Release Information on Form 2.9 (Stark County Probate Court case cost deposit schedule effective July 27, 2026, published on the court's website, verified July 2026) |
| Appointment of a fiduciary, probating a will | $35.00 appointment, $15.00 will | Statutory items, the same in every Ohio county (R.C. 2101.16(A)), drawn against the deposit rather than charged on top of it |
| Inventory and account | $10.00 inventory with appraisement, $12.00 account | Statutory items (R.C. 2101.16(A)); an inventory without appraisement is $7.00. These are drawn against the deposit as the estate progresses |
| Copies | $1.00 per page certified, $0.10 per page plain | Certified copies are a statutory item at $1.00 per page with a $1.00 minimum (R.C. 2101.16(A)), and Loc.R. 55.2 sets copies of any public record obtained during regular court hours at ten cents per page |
| Payment method | Cash or check only | The court's guidebook states that the court accepts only cash or checks, so plan for that rather than turning up with a card (the court's Estate Filing Guidebook, revised May 15, 2026) |
Local nuance
Stark County-specific considerations
A release from administration deposit costs more here than opening a full administration. Under the court's case cost deposit schedule effective July 27, 2026, a full administration with or without a will is $125.00 while a relief from administration with or without a will is $182.00. That is the opposite of what most families and most general Ohio guidance assume, because a release is the simpler filing. The court does not itemize the line, but a release requires notice to the surviving spouse and next of kin and, unless one of the Loc.R. 75.3(D) conditions is met, publication in a county newspaper. Choose the route on which one fits the estate, not on which deposit looks smaller, and remember Loc.R. 58.1 applies whichever schedule is in effect on the day you file.
There is a Stark-only one page route for the very smallest estates. Loc.R. 75.5 lets the court issue an order of distribution on a short form summary estate administration, filed on the court's own Form 5.0A, where the entire value of the estate as verified by written documentation does not exceed $2,000.00, the applicant has paid or is obligated in writing to pay the funeral expenses, and the applicant is entitled to the whole estate to satisfy that funeral claim or the family allowance. If the applicant is not the surviving spouse or a next of kin, notice must be given to all next of kin at the applicant's cost before an order will issue. The court calls this the one page summary release and prices it at $75.00, and it publishes a One Page Summary packet for it. It sits below the statutory summary release under R.C. 2113.031, which the court calls the two page summary and prices at $141.00.
A non-Ohio resident cannot be appointed administrator here. This is the single most important fact for a family living out of state. The court's guidebook states that a non-Ohio resident may not be appointed as an administrator, and that a non-Ohio resident may be appointed executor only if nominated as executor in the will and in compliance with Loc.R. 60.1. That rule requires the applicant to comply with R.C. 2109.21, to use an Ohio-licensed attorney as attorney of record, and to satisfy one or more conditions the court sets: that all estate assets remain in Stark County during the administration, a bond under R.C. 2109.04, or any other orders the court finds reasonable. Where there is no will, an out-of-state relative therefore either finds an Ohio-resident applicant or looks at a release from administration, which any interested party may apply for without being appointed a fiduciary (R.C. 2113.03).
Filing is on paper, in cash or by check, and the office is closed for two weeks at the end of July 2026. No e-filing system is published for probate filings in Stark County: the court's site has no e-filing page and its local rules establish no e-filing system, Loc.R. 57.2 requires original signatures, and a will must be a hand-signed original. Do not be misled by the separate Stark County Clerk of Courts e-filing page, which serves other divisions and says e-filing is coming soon. Payment is cash or check only. And the court has published that it will be closed to the public from July 27 through August 7, 2026 for case management system upgrades, with drop off and pick up boxes outside the office and delays expected during those weeks, so time a filing around it and call (330) 451-7755 to confirm what the upgrade changed.
Real estate can sometimes move without opening an estate at all. Loc.R. 75.6, keyed to R.C. 2113.61(D), lets the court approve an application for a certificate of transfer without a full administration or a release from administration where the decedent's sole probate asset is real estate, the decedent was not subject to Medicaid estate recovery, the funeral expenses are paid in full and six months have passed since the death. The applicant files the court's local Forms 12.0A through 12.0D with the statewide Forms 12.0, 12.1 and 1.0, serves all next of kin and will beneficiaries who have not waived notice, and admits the will to probate if there is one. The deposit is the schedule's $125.00 real estate only line, and the court publishes a Real Estate Only packet.
The court publishes a guidebook, and it is more current than the older pages on the site. The Estate Filing Guidebook, revised May 15, 2026, is the court's own plain-language source: it defines the terms, distinguishes probate from non-probate assets, works through three Form 1.0 family-tree examples, and gives a form-by-form checklist for each route. Use it in preference to the court's older frequently asked questions pages, which still restate superseded dollar figures and procedures. The guidebook is also candid about what the court cannot do: staff are not permitted to give legal advice, complete forms for you, or recommend a course of action, and the court states that it strongly recommends and prefers that you seek guidance from an attorney experienced in probate law.
The online index is an index, not a document library. The court hosts a case search at probate.co.stark.oh.us that is searchable by name or case number and does cover estates: a case record returns the case number and caption, the case type, the date of death, the dates opened and closed, the microfilm roll and frame and the parties. The court's own page states that the search contains the complete indices of the Probate Court except the marriage indices, that the marriage indices are current from April 23, 1986 forward, that Adobe Acrobat Reader is needed to access document images and that some image files are temporarily unviewable. For the papers themselves, ask the court: copies of a public record are ten cents per page during regular hours (Loc.R. 55.2), records requests go to [email protected], and case files themselves never leave the court (Loc.R. 55.1).
A stand-alone probate court, on the fifth floor, not in the courthouse. In roughly a third of Ohio counties one elected judge presides over both the probate and juvenile divisions and the estate counter shares staff with juvenile work. Stark is not one of them: probate is a stand-alone division with its own elected probate judge, and juvenile and domestic relations matters sit in the separate Stark County Family Court. The address trips people up. The Probate Court is on the fifth floor of the Stark County Office Building at 110 Central Plaza South, Suite 501, on the southeast corner of Market Avenue and Tuscarawas Street; the historic Stark County Courthouse is a different building across the intersection, and the Stark County Clerk of Courts is a different office.
Attorney fees are measured against a published local guideline. Loc.R. 71.2 sets a guideline for counsel fees in a decedent's estate, expressly not a schedule of minimum or maximum fees: 4.5 per cent of the first $100,000.00 of personal property subject to administration and proceeds of real estate sold under a power in the will, 3.5 per cent above that up to $400,000.00, 2.5 per cent above $400,000.00, and 2 per cent on real property not sold, with a substitute minimum of $2,000.00 for a full administration or $750.00 for a release or a certificate of transfer only where the calculation comes out lower. Fees are generally approved where they fall within the guideline or where the fiduciary and all beneficiaries file the court's consent form, which is why Stark publishes local Form 71.2. Knowing the guideline gives a family a reference point when it talks to a lawyer about cost.
Recent updates
| Date | Change |
|---|---|
| July 27, 2026 | Updated case cost deposit amounts took effect at Stark County Probate Court. The court published a new case cost deposit schedule setting the deposit at $125.00 for a full administration with or without a will, $182.00 for a relief from administration, $141.00 for a two page summary release, $75.00 for a one page summary estate, $125.00 for an ancillary administration or a real estate only action, $101.00 for a will only filing, $86.00 for an authenticated copy and $25.00 for the smaller stand-alone estate filings. Loc.R. 58.1 applies whichever schedule is in effect on the date a pleading is filed (source: Stark County Probate Court case cost deposit schedule, verified July 2026). |
| July 27 to August 7, 2026 | The court published that it will be closed to the public for case management system upgrades, that drop off and pick up boxes will be available outside the office for filings, and that filers should anticipate delays during those weeks. Confirm what the upgrade changed, including how records are searched, before you rely on the court's online index (source: Stark County Probate Court home page, verified July 2026). |
| December 12, 2025 | The court's current local rules took effect, published on its site with the Practice Aid on contingent counsel fees. They carry the hours (Loc.R. 53.1), the signature and personal-identifier rules (Loc.R. 57.2 and 57.3), the deposit rule (Loc.R. 58.1), the non-resident fiduciary rule (Loc.R. 60.1), the real estate and vehicle valuation shortcuts (Loc.R. 61.4 and 61.5), the account timelines (Loc.R. 64.1), the counsel fee guideline (Loc.R. 71.2) and the route-by-route estate requirements (Loc.R. 75.1 to 75.6). The Supreme Court of Ohio local-rules directory still links an older file for this court that no longer resolves, so take the rules from the court's own page (source: Stark County Probate Court local rules page, verified July 2026). |
| May 15, 2026 | The court's Estate Filing Guidebook was revised. It describes each administration route with its dollar limits, works through three Form 1.0 family-tree examples, gives a form-by-form checklist for opening each type of estate, states the non-resident fiduciary rule, and confirms that the court accepts only cash or checks. It is more current than the court's older frequently asked questions pages (source: Stark County Probate Court Estate Filing Guidebook, verified July 2026). |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Stark County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Canton-area home was held jointly with right of survivorship, or was covered by a transfer on death designation affidavit recorded with the Stark 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. Where other assets stood in the decedent's sole name, the spouse files at the fifth-floor counter: Form 2.0 with Form 4.0 and Form 1.0 where there is a will, leading to letters testamentary, or Form 4.0 with Form 1.0 where there is none, leading to letters of administration, using the court's Full Administration packet. Where the spouse inherits everything the estate may instead qualify to be relieved from administration on Forms 5.0 and 5.1 (R.C. 2113.03), and Loc.R. 75.3(D) can dispense with newspaper publication where the assets are under $100,000.00, the spouse inherits the whole probate estate, the funeral bill is paid or waived and a Notice to Distributee is filed. Budget the schedule's $182.00 release deposit rather than assuming a release is the cheaper filing, and use the Auditor's value for the house under Loc.R. 61.4. | Asset discovery to establish how the home and the accounts are titled and what actually has to reach the court. Packet generation for the Stark County filing, whether a full administration or a release, on the statewide forms with the local forms the court's checklist calls for. A vetted attorney referral if title or a creditor claim turns out to be contested. |
| Out-of-state adult child, small estate | Start with the local appointment rule, because it decides the route. The court's guidebook states that a non-Ohio resident may not be appointed administrator, and may be appointed executor only if nominated in the will and in compliance with Loc.R. 60.1, which requires an Ohio-licensed attorney of record and conditions such as keeping estate assets in Stark County or posting bond. So where there is no will, an out-of-state child either finds an Ohio-resident applicant or applies to relieve the estate from administration, which any interested party may do without being appointed a fiduciary (R.C. 2113.03). Where the estate is tiny, the court's own one page route on Form 5.0A may fit if the whole estate is $2,000.00 or less and the applicant paid or is obligated to pay the funeral bill (Loc.R. 75.5). None of it shortens the six-month creditor window measured from the date of death (R.C. 2117.06), and where the decedent or the decedent's spouse was subject to the Medicaid estate recovery program the thirty-day notice still applies (R.C. 2117.061). Plan for paper: there is no e-filing here, the will must arrive as a hand-signed original, and payment is cash or check. | Asset discovery to establish the estate's value from out of state and confirm which Stark County route it qualifies for. Packet generation for the release or the summary filing, assembled with the court's checklist so a single trip or a single mailing does the job. A vetted Stark County probate attorney where the non-resident rule means counsel of record is required. |
| Parent settling a predeceased child's estate, home must be sold | Because real property has to be sold, this is a full administration. With no will the parent files Form 4.0 with Form 1.0, is appointed administrator and receives letters of authority on Form 4.5; with a will the parent probates it on Form 2.0 and receives letters testamentary (R.C. 2113.05). Bond is waived only on the terms in Loc.R. 75.8, using the court's local Forms 4.2A and 4.2B. The inventory is due within three months of appointment on Form 6.0 with Form 6.1 (R.C. 2115.02), and it must describe the parcel by street address and tax parcel identification number (Loc.R. 75.2(A)); the Auditor's market value can stand in for an appraisal under Loc.R. 61.4. The final account is due within six months, extendable to thirteen on the statutory grounds (Loc.R. 64.1(A)), the account must show gross sale proceeds with the closing statement attached (Loc.R. 64.1(F)), and the court will not approve it until all court costs are paid (Loc.R. 64.1(E)). An estate still open at thirteen months draws a status conference (Loc.R. 78.2). Budget the $125.00 deposit plus certified copies of the letters of authority. | Asset discovery for the child's accounts, policies and Stark County property, including anything the parent did not know about. Packet generation for the administration application, the inventory, the account and the certificate of transfer. A vetted Stark County probate attorney to run the sale and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Stark County Probate Court (starkcountyohio.gov/probate), (330) 451-7755, [email protected] | The filing office for estates: the court's own pages for hours, directions to the fifth floor of the Stark County Office Building, the case cost deposit schedule, the forms document center, the local rules and the case search. Court staff can explain procedure but are not permitted to give legal advice, complete forms on your behalf, or recommend particular actions or decisions |
| Stark County Probate Court Estate Filing Guidebook | The court's own plain-language guide, revised May 15, 2026, published on its forms page: definitions, how to tell probate from non-probate assets, a description of each route with its dollar limits, worked Form 1.0 family-tree examples, and a form-by-form checklist for opening each type of estate. The best single starting document for a Stark County family |
| Stark County Probate Court forms document center and packets | The statewide and local forms organized by case type, plus ready-made packets for the full administration, release from administration, one page summary, two page summary, real estate only, land sale, safe deposit box and motion to release information routes |
| Stark County Probate Court local rules | The rules published as effective December 12, 2025, which carry the hours (Loc.R. 53.1), the filing and signature requirements (Loc.R. 57.1 to 57.3), the deposit rule (Loc.R. 58.1), the non-resident fiduciary rule (Loc.R. 60.1), the valuation shortcuts (Loc.R. 61.4 and 61.5), the account timelines (Loc.R. 64.1), the counsel fee guideline (Loc.R. 71.2) and the route-by-route estate requirements (Loc.R. 75.1 to 75.6) |
| Stark County Probate Court case search (probate.co.stark.oh.us) | The court's online index, searchable by name or case number, covering estate cases with the case type, date of death, dates opened and closed and the parties. The court's page notes it holds the complete indices except marriage, which run from April 23, 1986 forward, and that some document images are temporarily unviewable |
| Supreme Court of Ohio Standard Probate Forms, decedent's estate (supremecourt.ohio.gov/forms/all-forms/decedents-estate/8) | The statewide forms used in every Ohio county, including Stark, with the numbered variants, waivers and entries. Stark requires these together with its own local forms (Loc.R. 51.1) |
| Community Legal Aid (communitylegalaid.org), HelpLine (800) 998-9454 | The legal-aid law firm whose service area covers Stark County; its own site lists Medina, Summit, Portage, Trumbull, Mahoning, Columbiana, Stark and Wayne, and names end-of-life planning and probate among the matters it handles for people who meet its income eligibility. The HelpLine runs Monday through Friday from 9:00 a.m. to 12:00 p.m. and there is an online application. Its Canton staffed office is the John M. Petit Legal Advocacy Center in the United Way Building, 401 Market Avenue N., Suite 103, Canton, OH 44702, (330) 535-4191, open weekday mornings and afternoons with a midday break. Confirm scope for your matter when you apply |
| Stark County Bar Association Attorney Referral Service (starkctybar.com/attorney-referral/), (330) 453-0686 | The local bar's referral service, named in the court's own guidebook. Staff refer callers to a private attorney in their area who practices in the field of need, probate included; the initial consultation is $30.00 payable at the meeting, referrals are to regular-fee attorneys only, and there is no obligation to hire. The service itself directs callers needing free or reduced-fee help to Community Legal Aid |
| Ohio Legal Help (ohiolegalhelp.org) | Plain-language Ohio probate guides from a statewide non-profit, including release from administration and summary release, form assistants and per-county probate resource pages. Not a government site, so confirm court details with the court |
| Ohio State Bar Association lawyer referral (ohiobar.org/public-resources/lawyer-referral/) and the Supreme Court's certified referral services list (supremecourt.ohio.gov/attorneys/referral-services/) | Attorney referrals statewide, plus the official list of certified referral services, which is where to confirm a local referral service before using it |
When to hire an attorney
Ohio does not require an attorney to open an estate, and the Stark County Probate Court publishes a guidebook and packets precisely so a family can file without one. The court is unusually direct about the limits of that, though: its guidebook states that it strongly recommends and prefers that you seek guidance from a licensed attorney experienced in probate law, that the use of a lawyer is strongly encouraged in a full administration, and that court staff are not permitted to give legal advice, complete forms for you or recommend particular decisions. Counsel is effectively required in one common situation here: a non-Ohio resident may not be appointed administrator at all, and a non-Ohio resident nominated as executor must use an Ohio-licensed attorney as attorney of record under Loc.R. 60.1. Beyond that, counsel makes sense when a will is contested or a dispute among heirs is likely; when a surviving spouse is electing against the will, which the court must see resolved before it approves a final account (Loc.R. 64.1(E)); when the estate is insolvent, which also rules out a release from administration under Loc.R. 75.3(B); when a creditor is pressing a claim inside the six-month window measured from death (R.C. 2117.06); when Stark County real estate has to be sold; when the estate holds a business interest, out-of-state property, or a wrongful-death or injury claim; when a guardianship or a trust has to run alongside the estate; or when the estate is still open at thirteen months and heading for a status conference (Loc.R. 78.2). Loc.R. 71.2's published fee guideline gives a family a reference point for what ordinary administration work should cost, and attorney fees are usually paid from estate assets rather than by the fiduciary personally. Sunset can connect families to a vetted Stark County probate attorney when the situation calls for counsel.
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, Stark County real estate, business interests and unclaimed property, so you know the estate's value and which Ohio route fits your estate settlement before you file in Canton.
Generate the probate packet. Sunset assembles the paperwork for your route, whether a full administration or an application to relieve the estate from administration, on the statewide Standard Probate Forms, matched to the Stark County Probate Court's own filing checklist so the counter gets a complete set the first time.
Find a local probate attorney. When a matter is contested, involves a property sale, or otherwise calls for counsel, Sunset connects families to a vetted Ohio probate attorney serving Stark County and the Canton area.
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 Stark County, Ohio?
With the Stark County Probate Court, the probate division of the Stark County Court of Common Pleas (R.C. 2101.01), on the fifth floor of the Stark County Office Building at 110 Central Plaza South, Suite 501, Canton, OH 44702, (330) 451-7755. File in Stark County if the decedent was a resident of the county at the time of death (R.C. 2113.01). Two wrong turns are common: the historic Stark County Courthouse is a different building across the intersection at Market Avenue and Tuscarawas Street, and the Stark County Clerk of Courts is a different office, because in Ohio the elected probate judge is the clerk of the probate court (R.C. 2101.11(A)(1)(a)).
Can I e-file a probate case in Stark County?
No e-filing system is published for probate filings. The court's website has no e-filing page, portal or vendor, and its local rules published as effective December 12, 2025 establish no e-filing system; Loc.R. 57.2 requires original signatures and provides that the rule does not apply to wills, which must be hand-signed originals. Estate filings are made on paper at the fifth-floor counter or by mail, and the court accepts only cash or checks. Do not rely on the separate Stark County Clerk of Courts e-filing page, which serves other divisions and says e-filing is coming soon. Because the court is upgrading its case management system in late July 2026, confirm the current filing channel at (330) 451-7755.
How much does it cost to open an estate in Stark County?
Under the court's case cost deposit schedule effective July 27, 2026 the deposit is $125.00 for a full administration with or without a will, $182.00 for a relief from administration, $141.00 for a two page summary release, $75.00 for a one page summary estate, $125.00 for an ancillary administration or a real estate only action and $101.00 for a will only filing. Note that the release deposit is higher than the full administration deposit. Those totals are built from statutory items including the $35.00 fiduciary appointment fee, the $15.00 fee to probate a will and the $60.00 release or summary-release fee (R.C. 2101.16(A)), and $125.00 is the ceiling the Revised Code puts on a local-rule advance deposit for an appointment or for presenting a will (R.C. 2101.16(E)). Loc.R. 58.1 applies whichever schedule is in effect on the day you file, the court accepts only cash or checks, and additional filing fees apply as the case proceeds, so confirm the current figures at (330) 451-7755.
What are the Stark County Probate Court hours?
Monday through Friday, 8:30 a.m. to 4:30 p.m., closed on weekends and legal holidays, with no lunch closure published. The hours are on the court's own pages and in Loc.R. 53.1, and the Marriage License Bureau closes at 4:15 p.m. One current exception matters: the court has published that it will be closed to the public from July 27 through August 7, 2026 for case management system upgrades, with drop off and pick up boxes outside the office for filings and delays expected during those weeks. Call (330) 451-7755 before you travel downtown.
Can an out-of-state relative be the executor or administrator in Stark County?
Not as an administrator. The court's Estate Filing Guidebook states that a non-Ohio resident may not be appointed as an administrator, and that a non-Ohio resident may be appointed executor only if nominated as executor in the will and in compliance with Loc.R. 60.1. That rule requires compliance with R.C. 2109.21, the use of an Ohio-licensed attorney as attorney of record, and one or more court-set conditions: that all estate assets remain in Stark County during the administration, a bond under R.C. 2109.04, or other reasonable orders. Only one person can be appointed administrator. Where there is no will and no Ohio-resident applicant, look at an application to relieve the estate from administration, which any interested party may file without being appointed a fiduciary (R.C. 2113.03).
How do I look up a Stark County probate case online?
Use the court's case search at probate.co.stark.oh.us, searchable by last and first name or by case number. It covers estate cases: a case record returns the case number and caption, the case type, the date of death, the dates the case was opened and closed, the microfilm roll and frame, and the parties with their roles. The court's own search page states that the search contains the complete indices of the Probate Court except the marriage indices, that the marriage indices are current from April 23, 1986 forward, that Adobe Acrobat Reader is needed to access document images and that some image files are temporarily unviewable. For copies of the papers themselves, records requests go to [email protected], copies of a public record are ten cents per page during regular hours (Loc.R. 55.2), and case files do not leave the court (Loc.R. 55.1).
What forms do I need for a Stark County estate?
Both layers, because Loc.R. 51.1 requires the statewide Standard Probate Forms and the court's own local forms wherever they apply. The statewide core is Form 1.0 (Surviving Spouse, Children, Next of Kin, Legatees, and Devisees), Form 2.0 (Application to Probate Will) with Forms 2.1, 2.2 and 2.4, Form 4.0 (Application for Authority to Administer Estate), Form 4.5 (Entry Appointing Fiduciary; Letters of Authority), Form 5.0 (Application to Relieve Estate From Administration) with Forms 5.1 and 5.6, Form 5.10 (Summary Release From Administration) with Form 5.11, Form 6.0 (Inventory and Appraisal) with Form 6.1, 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, and Form 13.0 (Fiduciary's Account) with Form 13.9. Stark then adds its own, including Form 5.0A for the one page summary route, Forms 4.2A and 4.2B to waive bond, the 12.0A to 12.0D certificate of transfer only set, Form 2.9 to get bank information released and Form 71.2 to consent to attorney fees. The simplest route is to take the matching packet from the court's document center.
Is there a cheaper option for a very small estate in Stark County?
Yes, and it is local. Loc.R. 75.5 lets the court issue an order of distribution on a short form summary estate administration, filed on the court's own Form 5.0A, where the entire value of the estate as verified by written documentation does not exceed $2,000.00, the applicant has paid or is obligated in writing to pay the funeral expenses, and the applicant is entitled to the whole estate to satisfy that funeral claim or the family allowance. Notice goes to all next of kin at the applicant's cost if the applicant is not the surviving spouse or a next of kin. The court calls this the one page summary release and prices it at $75.00. Above that sits the statutory summary release from administration (R.C. 2113.031), which the court calls the two page summary and prices at $141.00, and then a release from administration (R.C. 2113.03) at $182.00. The statewide ceilings for each route are on the Ohio state page.
Do I have to travel to Canton to settle an estate here?
Probably at least once, and possibly more. There is no e-filing, filings carry original signatures, a will must arrive as a hand-signed original, and payment is cash or check, so the practical routes are the fifth-floor counter or the mail. The court's own guidebook says estate administration may require multiple visits to the court and that you may be required to come to court for one or more hearings. No remote, video or telephone appearance provision appears in the local rules and the court publishes no remote-hearing policy, so ask about the format at (330) 451-7755 when a hearing is set. Where a non-Ohio resident is involved, remember that an Ohio-licensed attorney of record is required under Loc.R. 60.1.
How long do creditors have to make a claim against a Stark County estate?
Six months after the decedent's death, not six months after the estate is opened. All claims must be presented within six months after death, whether or not the estate is released from administration or a fiduciary is appointed in that period, and a claim not presented in that window is forever barred (R.C. 2117.06). Ohio requires no newspaper advertisement of the grant of letters, so nothing about the clock depends on publication. The one statutory exception is the Medicaid estate recovery administrator, which may present its claim up to ninety days after receiving the recovery notice form or one year after death, whichever is later (R.C. 2117.061(D)). Note also that Loc.R. 75.3(B) bars a release from administration where the estate is insolvent or likely to be found insolvent by the end of the claims period.
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.