Ohio Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Courts | Ohio has 88 county Probate Courts, one for each county, and each one is the probate division of that county's Court of Common Pleas. Under the Ohio Revised Code (R.C.) 2101.01(A) a probate division of the court of common pleas is held at the county seat in each county. R.C. 2101.01(B)(1) provides that "probate court" means the probate division of the court of common pleas, and R.C. 2101.01(C) provides that filings are entitled "In the Court of Common Pleas, Probate Division," but are not defective if entitled "In the Probate Court." Both names are correct by statute, so this knowledge base names the court by its county, as in Franklin County Probate Court, and uses the formal county Court of Common Pleas, Probate Division form where the formal name matters |
| Judge and filing office | The judicial officer is an elected probate judge. In each county having a separate judge of the probate division, one probate judge is elected every six years for a six-year term beginning on the February 9 after election (R.C. 2101.02). The probate judge also has care and custody of the court's files, papers, books, and records and is authorized to perform the duties of clerk of the judge's own court, and may appoint deputy clerks (R.C. 2101.11(A)(1)(a), effective September 30, 2025). So the probate court runs its own clerk's office. It is not served by the county Clerk of Courts, and an estate is never opened at the Clerk of Courts |
| Combined probate and juvenile courts | In many Ohio counties the same elected judge presides over both the probate division and the juvenile division, and the court brands itself as a probate and juvenile court. The estate counter is the same office either way, but hours and staffing can be narrower in a combined court. Check the county court's own page for which office and which counter handles estates |
| Governing code | The Ohio Revised Code (R.C.), chiefly Title 21 (Courts, Probate, Juvenile) and its Chapters 2101 (probate court jurisdiction and fees), 2105 (descent and distribution), 2106 (surviving spouse), 2109 (fiduciaries), 2113 (executors and administrators), 2115 (inventory), and 2117 (claims against the estate). The probate court's exclusive jurisdiction to take proof of wills, to grant and revoke letters, to direct and control executors and administrators, and to order distribution is at R.C. 2101.24(A)(1)(a) to (c) |
| Filing venue | The county where the decedent was a resident at death. R.C. 2113.01 provides that on the death of a resident of Ohio who dies intestate, letters of administration are granted by the probate court of the county in which the decedent was a resident at the time of death, and that where a will is admitted to probate, letters testamentary or of administration are granted by the probate court in which the will was admitted. Ohio's statute says resident, not domiciled. In practice, file in the probate court of the county where the decedent lived |
| Judicial districts | None that matter to a filing. Ohio does not group probate filings into judicial districts, circuits, or regions. Every estate is filed in a county probate court, and there are 88 of them. Ohio's twelve appellate districts are an appeals structure and are irrelevant to opening an estate |
| Representative and authority | Ohio leads with executor for the person named in a will and administrator for the person appointed where there is no will, and uses fiduciary as its own umbrella term, the word the Revised Code and the Standard Probate Forms use. On an admitted will the court issues letters testamentary to the named executor (R.C. 2113.05); with no will it issues letters of administration to an administrator. The appointment is recorded on Form 4.5 (Entry Appointing Fiduciary; Letter of Authority), and the letter of authority is the document banks and transfer agents rely on |
| Probate paths | Full administration on Standard Probate Forms 2.0, 4.0, and 4.5 (R.C. 2113.05, R.C. 2113.07); release from administration (R.C. 2113.03) on Forms 5.0 and 5.1; summary release from administration (R.C. 2113.031) on Forms 5.10 and 5.11; and ancillary administration for a decedent who lived outside Ohio but left Ohio property, added by Form 4.1 (Supplemental Application for Ancillary Administration) |
| Release from administration | An estate may be released from administration where the value of the assets of the estate is $35,000 or less, or where the value of the assets of the estate is $100,000 or less and the surviving spouse is entitled to everything, either under a valid will leaving all estate assets to the spouse or by intestacy under R.C. 2105.06 together with R.C. 2106.13(B)(1) or (2) (R.C. 2113.03, effective January 13, 2012). A release does not escape the creditor deadlines of R.C. 2117.06 (R.C. 2113.03(H)) |
| Summary release from administration | Two routes (R.C. 2113.031, effective October 12, 2006). A person other than the surviving spouse who has paid or is obligated in writing to pay the funeral and burial expenses may apply where the value of the estate's assets does not exceed the lesser of $5,000 or the amount of the decedent's funeral and burial expenses. The surviving spouse may apply where the assets do not exceed the total of the R.C. 2106.13(A) allowance for support of $40,000 plus an amount, not exceeding $5,000, for funeral and burial expenses. There is no single statutory ceiling figure for the spouse route: it is the sum of those two cited components |
| Allowance for support | A surviving spouse, minor children, or both are entitled to $40,000 in money or property as an allowance for support, reduced by the value of the lowest-valued extra automobile selected under R.C. 2106.18, and the money or property set off is considered estate assets (R.C. 2106.13(A), effective August 17, 2021). It is distributed entirely to the spouse where there are no minor children or where all the minor children are also the spouse's children, and otherwise in equitable shares (R.C. 2106.13(B)) |
| Inventory | Within three months after the date of appointment, unless the probate court grants an extension for good cause shown, the executor or administrator files an inventory of the decedent's interest in Ohio real property and of the personal property to be administered (R.C. 2115.02), on Form 6.0 (Inventory and Appraisal) |
| Final account | Within six months after appointment, every administrator and executor renders a final and distributive account, unless one of the R.C. 2109.301(B)(1) exceptions applies, on Form 13.0 (Fiduciary's Account). Where the sole heir or beneficiary is also the fiduciary, no partial accountings are required and a certificate of termination may be filed instead (R.C. 2109.301(B)(2), Form 13.6) |
| Creditor claims | Six months after the date of death. All claims must be presented within six months after the death of the decedent, whether or not the estate is released from administration or a fiduciary is appointed in that period, and a claim not presented within six months after death is forever barred as to all parties, except the Medicaid estate recovery claim described in R.C. 2117.061(D) (R.C. 2117.06(B) and (C), effective April 3, 2023). This is a date-of-death rule. Ohio requires no newspaper advertisement of the grant of letters to start the clock |
| Medicaid estate recovery notice | For a decedent who was subject to the Medicaid estate recovery program, or whose spouse was, the person responsible for the estate submits a properly 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 after an application for release or summary release from administration is filed (R.C. 2117.061). Compliance is certified on Form 7.0. The duty applies to release filings, not only to full administrations |
| Real property | Ohio real estate that must pass through the estate is transferred by a certificate of transfer, applied for on Form 12.0 after the inventory that includes the real property is filed and before the final account, and issued by the court for record in the county where the property sits (R.C. 2113.61). A transfer on death designation affidavit recorded with the county recorder before the owner's death moves the described property directly to the named beneficiary and keeps it out of probate (R.C. 5302.22) |
| Filing fee | Ohio sets most probate fee items by statute, but the number a family actually pays at the counter is set by the county. The statutory items include a $35.00 fee for appointment of a fiduciary (R.C. 2101.16(A)(34)), $15.00 for probating a will (R.C. 2101.16(A)(53)), and $60.00 for relieving an estate from administration under R.C. 2113.03 or granting a summary release under R.C. 2113.031 (R.C. 2101.16(A)(59)), all effective September 30, 2025 (House Bill 96 of the 136th General Assembly). On top of those items each county probate court may require its own advance deposit for costs by local rule, up to $125.00 (R.C. 2101.16(E)), and may add computerization charges (R.C. 2101.162) and a dispute-resolution charge (R.C. 2101.163). Confirm the current deposit with the county probate court before filing; fees are waived for combat-zone military casualties (R.C. 2101.164) |
| State estate tax | None. The Ohio Department of Taxation states it directly: "Yes, the Ohio Estate Tax was repealed for estates of individuals with a date of death on or after January 1, 2013. Please refer to House Bill 153, 129th General Assembly, for more information." The statute matches, because R.C. 5731.02 levies the tax only on persons dying before January 1, 2013, and R.C. 5731.21(A)(3) provides that no return shall be filed for estates of decedents dying on or after January 1, 2013 |
| State inheritance tax | None. Ohio has no inheritance tax, so there is no tax keyed to a beneficiary's relationship to the decedent. No tax release, consent to transfer, or waiver is needed to move assets, because R.C. 5731.39 does not apply to, and the written permission of the tax commissioner is not required for, asset transfers for decedents dying on or after January 1, 2013 |
| Statewide forms | Yes. Ohio uses the Standard Probate Forms prescribed by the Supreme Court of Ohio in every county, published in the decedent's estate set at supremecourt.ohio.gov/forms/all-forms/decedents-estate/8. The forms are filed in the local county probate court, and a county court may require additional local forms and cover sheets alongside them |
| E-filing | There is no statewide probate e-filing system in Ohio. Each of the 88 probate courts sets its own filing rules by local rule, and practice ranges from mandatory e-filing to paper only. Franklin County requires e-filing through eFlex for all case types except marriage, for attorneys and self-represented filers alike, under an administrative order effective July 2, 2025. Cuyahoga County's e-filing is optional and open to any adult but covers only certain case types, and release from administration and summary release are not among them. Hamilton County's is optional for registered users, excludes applications for certificates of transfer, fiduciary accounts, and certificates of termination, and the court also accepts fax filing of documents that do not open a case. Many rural counties are paper and in person. Confirm the county's system before filing |
| Case search | There is no statewide public probate case search in Ohio, and no statewide docket. Several metro courts publish an online docket covering estates, with different rules about images: Franklin County's public record search does not put document images on the public side, while Hamilton County publishes docket-entry images. Many counties expose no estate case types at all, and records are requested from the probate court's own clerk's office. A statutory change is under way: R.C. 2101.11(A)(1)(b), added effective September 30, 2025, requires each probate court's general docket to be available online for remote public access and printing not later than eighteen months after that date, for cases filed on or after it |
Before you begin — know the assets and liabilities
Ohio probate turns on questions the family should answer before opening a court file: how large the estate is, whether the surviving spouse takes everything, and whether Ohio real estate has to move. The path follows those answers. An estate may be released from administration where the assets are $35,000 or less, or where they are $100,000 or less and the surviving spouse is entitled to everything (R.C. 2113.03, effective January 13, 2012), and a much smaller estate may qualify for summary release from administration, capped for a non-spouse applicant at the lesser of $5,000 or the funeral and burial expenses, and for the surviving spouse at the $40,000 allowance for support plus up to $5,000 of funeral and burial expenses (R.C. 2113.031, R.C. 2106.13(A)). Working out the value of the assets of the estate, and who inherits, often decides the entire approach before any form is filled in.
Property held jointly with rights of survivorship, payable-on-death and transfer-on-death accounts, life insurance and retirement accounts with named beneficiaries, trust property, and real estate covered by a transfer on death designation affidavit recorded before death (R.C. 5302.22) all pass outside probate and are not counted as assets of the estate. Before filing anything with the county probate court, identify every asset and debt and confirm how each asset is titled and valued, because the value of the assets decides which path is available, and because creditor claims run six months from the date of death whether or not anyone has been appointed (R.C. 2117.06). Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles probate
Ohio probate runs through the county Probate Court, and the structural fact that matters most is that two things are true at once: the Probate Court is a division of the county Court of Common Pleas, and "Probate Court" is its correct name. Under the Ohio Revised Code (R.C.) 2101.01(A) a probate division of the court of common pleas is held at the county seat in each county, so there are 88 probate courts, one per county. R.C. 2101.01(B)(1) provides that "probate court" means the probate division of the court of common pleas and that "probate judge" means the judge of the court of common pleas who is judge of the probate division, and R.C. 2101.01(C) provides that filings are entitled "In the Court of Common Pleas, Probate Division," but are not defective if entitled "In the Probate Court." This knowledge base has a separate page for each of the 88 counties, because courthouse locations, hours, local rules, cost deposits, e-filing systems, and online dockets differ from county to county even though the statutory law and the statewide forms do not.
The judge is elected, and the court is its own clerk. In each county having a separate judge of the probate division, one probate judge is elected every six years for a six-year term beginning on the February 9 after election (R.C. 2101.02). The probate judge has care and custody of the files, papers, books, and records belonging to the probate court, is authorized to perform the duties of clerk of the judge's own court, and may appoint deputy clerks (R.C. 2101.11(A)(1)(a), effective September 30, 2025). The practical consequence is worth stating plainly: an Ohio estate is opened at the probate court's own clerk's office, not at the county Clerk of Courts, which serves the general division and is the wrong office for an estate. In many counties the same elected judge presides over both the probate division and the juvenile division, and the court brands itself as a probate and juvenile court; the estate counter is the same office, though hours can be narrower. R.C. 2101.02's phrase "each county having a separate judge of the probate division" also means a small number of counties do not have a stand-alone probate judge, so check the county court's own page rather than assuming.
Venue is the county where the decedent was a resident at death. R.C. 2113.01 provides that on the death of a resident of Ohio who dies intestate, letters of administration are granted by the probate court of the county in which the decedent was a resident at the time of death, and that where a will is admitted to probate in Ohio, letters testamentary or of administration are granted by the probate court in which the will was admitted. Ohio's statute says resident, not domiciled, so it should not be paraphrased as domicile. There is no district, circuit, or regional overlay in Ohio probate: every estate is filed in one of the 88 county probate courts, and the probate court's exclusive jurisdiction over proof of wills, the grant and revocation of letters, the control of executors and administrators, and orders of distribution is set out at R.C. 2101.24(A)(1)(a) to (c). A decedent who lived in another state but owned Ohio property is handled by ancillary administration, opened with the Supplemental Application for Ancillary Administration (Form 4.1).
The probate process
- Identify and value all assets and debts, and confirm how each asset is titled. Work out the value of the assets of the estate, whether Ohio real estate has to move, and whether the surviving spouse is entitled to everything, because those three answers decide which Ohio path is available (R.C. 2113.03, R.C. 2113.031).
- Choose the path. Full administration is the standard route. Release from administration (R.C. 2113.03) is available where the assets of the estate are $35,000 or less, or $100,000 or less where the surviving spouse takes everything. Summary release from administration (R.C. 2113.031) is the smallest route, capped for a non-spouse applicant who has paid or is obligated in writing to pay the funeral and burial expenses at the lesser of $5,000 or those expenses, and for the surviving spouse at the R.C. 2106.13(A) allowance for support of $40,000 plus up to $5,000 of funeral and burial expenses. A decedent who lived outside Ohio but owned Ohio property proceeds by ancillary administration (Form 4.1).
- Confirm venue and gather the forms. File in the probate court of the county where the decedent was a resident at death (R.C. 2113.01). Ohio uses the Standard Probate Forms prescribed by the Supreme Court of Ohio in every county, so a full administration starts with Form 4.0 (Application for Authority to Administer Estate), Form 2.0 (Application to Probate Will) if there is a will, and Form 1.0 (Surviving Spouse, Children, Next of Kin, Legatees, and Devisees). Before appointment the applicant must file an application naming the surviving spouse and next of kin and stating in general terms what the estate consists of and its probable value (R.C. 2113.07). Check the county court's local rules for any additional local forms or cover sheets.
- File with the probate court's clerk's office and pay the county's deposit. The probate judge is the court's own clerk (R.C. 2101.11(A)(1)(a)), so the filing office is inside the probate court. Ohio sets most fee items by statute, including $35.00 for appointment of a fiduciary (R.C. 2101.16(A)(34)), $15.00 for probating a will (R.C. 2101.16(A)(53)), and $60.00 for a release or summary release (R.C. 2101.16(A)(59)), all effective September 30, 2025, but each county probate court may require an advance deposit for costs by local rule, up to $125.00 (R.C. 2101.16(E)), plus computerization charges (R.C. 2101.162) and a dispute-resolution charge (R.C. 2101.163). Confirm the county's current deposit before filing. There is no statewide e-filing system, so confirm whether the county requires e-filing, allows it for some case types, or takes paper only.
- Receive the letters. 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. The appointment is recorded on Form 4.5 (Entry Appointing Fiduciary; Letter of Authority), and the letter of authority is the proof of authority that banks, brokerages, and transfer agents rely on. Order enough certified copies for the institutions holding estate assets; certified copies are $1.00 per page with a $1.00 minimum (R.C. 2101.16(A)(12)).
- Send the Medicaid estate recovery notice within 30 days where it applies. For a decedent who was subject to the Medicaid estate recovery program, or whose spouse was, the person responsible for the estate submits a properly 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 after an application for release or summary release from administration is filed (R.C. 2117.061), and certifies compliance on Form 7.0. This step applies to release filings too, which surprises people.
- File the inventory within three months. Within three months after the date of appointment, unless the probate court grants an extension for good cause shown, file an inventory of the decedent's interest in Ohio real property and of the personal property to be administered (R.C. 2115.02), on Form 6.0 (Inventory and Appraisal). The inventory fee is $10.00 with appraisement or $7.00 without (R.C. 2101.16(A)(40) and (A)(41)).
- Handle claims, the family's allowances, and any real estate. Claims must be presented within six months after the death of the decedent, and a claim not presented in that window is forever barred (R.C. 2117.06(B) and (C)); no newspaper advertisement of the grant of letters is required to start that clock. Set off the $40,000 allowance for support where a surviving spouse or minor children are entitled to it (R.C. 2106.13). Where Ohio real estate must pass through the estate, apply for a certificate of transfer on Form 12.0 after the inventory that includes the property is filed and before the final account, and the court issues the certificate for record in the county where the property sits (R.C. 2113.61).
- Account and close within six months. Within six months after appointment, render a final and distributive account on Form 13.0 (Fiduciary's Account) unless one of the R.C. 2109.301(B)(1) exceptions applies, such as a will contest, a spousal election against the will, an insolvent estate, the fiduciary being a party in a civil action, or another reason the court approves. Where the sole heir or beneficiary is also the fiduciary, no partial accountings are required and a certificate of termination (Form 13.6) may be filed instead (R.C. 2109.301(B)(2)). Ohio has no estate tax and no inheritance tax for current deaths, so no state death-tax filing is due; a federal estate-tax return is required only for estates above the federal exclusion, $15 million per individual for deaths in 2026.
Types of probate
Ohio's probate paths are statewide, set by the Ohio Revised Code (R.C.), and the same in all 88 county probate courts. Which one fits turns on the value of the assets of the estate, whether the surviving spouse is entitled to everything, who is paying the funeral bill, and whether the decedent lived in Ohio. Every path runs through the probate court of the county where the decedent was a resident at death (R.C. 2113.01), and every path is filed on the Standard Probate Forms prescribed by the Supreme Court of Ohio.
| Path | When used | How it works | Statute |
|---|---|---|---|
| Full administration | The standard route, used where no simplified path fits: assets above the release ceilings, a contested estate, an insolvent estate, or an estate that needs a fiduciary with continuing authority. The applicant files Form 4.0 (Application for Authority to Administer Estate), with Form 2.0 (Application to Probate Will) if there is a will, and Form 1.0 naming the surviving spouse, children, next of kin, legatees, and devisees. Before appointment the applicant must state in general terms what the estate consists of and its probable value (R.C. 2113.07). | On an admitted will the court issues letters testamentary to the named executor; with no will, letters of administration to an administrator. The appointment is recorded on Form 4.5 (Entry Appointing Fiduciary; Letter of Authority). The fiduciary then files the inventory within three months (R.C. 2115.02) and a final and distributive account within six months (R.C. 2109.301) | R.C. 2113.05, R.C. 2113.07 |
| Release from administration | Available where the value of the assets of the estate is $35,000 or less, or where the value is $100,000 or less and the surviving spouse is entitled to all the estate assets, either under a valid will leaving everything to the spouse or by intestacy under R.C. 2105.06 together with R.C. 2106.13(B)(1) or (2). Filed on Form 5.0 (Application to Relieve Estate From Administration) with Form 5.1 (Assets and Liabilities of Estate to be Relieved from Administration). | The court acts on the application of any interested party after notice to the surviving spouse and heirs, and after notice by publication in a county newspaper unless waived or found unnecessary, and may order delivery of personal property and transfer of real property. No continuing fiduciary is appointed. A release does not escape the R.C. 2117.06 creditor deadlines (R.C. 2113.03(H)), and the R.C. 2117.061 Medicaid estate recovery notice still applies | R.C. 2113.03 |
| Summary release from administration | The smallest route, with two separate paths. A person other than the surviving spouse who has paid or is obligated in writing to pay the funeral and burial expenses may apply where the value of the estate's assets does not exceed the lesser of $5,000 or the amount of those expenses (R.C. 2113.031(B)(1)). The surviving spouse may apply where the assets do not exceed the total of the R.C. 2106.13(A) allowance for support of $40,000 plus an amount, not exceeding $5,000, for funeral and burial expenses (R.C. 2113.031(B)(2)). | Filed on Form 5.10 (Summary Release From Administration) and granted by Form 5.11 (Entry Granting Summary Release From Administration). Where the estate includes an interest in real property, an application for a certificate of transfer accompanies the application (R.C. 2113.61(A)(2)). There is no statutory ceiling figure for the spouse route: it is the sum of the two cited components | R.C. 2113.031 |
| Ancillary administration | Used where the decedent lived outside Ohio at death but owned property in Ohio, so an Ohio court must give someone authority over the Ohio property. | Opened in an Ohio county probate court by adding Form 4.1 (Supplemental Application for Ancillary Administration) to the application for authority to administer the estate | R.C. Chapter 2129 (Form 4.1) |
Ohio has no non-intervention or independent administration regime by that name. The closest Ohio analogues are the two release paths above and, inside a full administration, the certificate of termination that a sole heir or beneficiary who is also the fiduciary may file instead of accountings (R.C. 2109.301(B)(2), Form 13.6). All three of the release and summary-release figures should be read with their cites: $35,000 and $100,000 under R.C. 2113.03, and $5,000 under R.C. 2113.031 with the $40,000 allowance under R.C. 2106.13.
Executor duties
Fiduciary duties in Ohio
Ohio calls the person in charge of an estate the executor when a will names them and the administrator when the court appoints them where there is no will, and uses fiduciary as the umbrella term, the word the Revised Code and the Standard Probate Forms use. The court's authority document is a letter of authority (Form 4.5), issued with letters testamentary or letters of administration (R.C. 2113.05). The duties below apply to a full administration; a release or summary release under R.C. 2113.03 or R.C. 2113.031 appoints no continuing fiduciary, but the Medicaid estate recovery notice and the creditor deadlines still apply.
| Duty | Source | Timing |
|---|---|---|
| Apply for authority to administer the estate (Form 4.0), probate the will (Form 2.0) if there is one, and name the surviving spouse and next of kin with the estate's probable value (Form 1.0) | R.C. 2113.05, R.C. 2113.07 | At the opening of administration |
| Receive letters testamentary or letters of administration and the letter of authority (Form 4.5), and order certified copies for the institutions holding estate assets | R.C. 2113.05; R.C. 2101.16(A)(12) for certified copies | On appointment |
| Submit the medicaid estate recovery notice form to the administrator of the medicaid estate recovery program and certify it on Form 7.0, where the decedent or the decedent's spouse was subject to the medicaid estate recovery program | R.C. 2117.061 | Not later than thirty days after letters are granted, or after an application for release or summary release is filed |
| File the inventory of Ohio real property and personal property to be administered (Form 6.0) | R.C. 2115.02 | Within three months after appointment, unless the court grants an extension for good cause shown |
| Receive and pay valid claims, and reject claims that are out of time | R.C. 2117.06(B) and (C) | Claims must be presented within six months after the date of death, and are otherwise forever barred |
| Set off the allowance for support of $40,000 to a surviving spouse, minor children, or both, reduced by the value of the lowest-valued extra automobile selected under R.C. 2106.18 | R.C. 2106.13 | During administration |
| Apply for a certificate of transfer for Ohio real property passing through the estate (Form 12.0), which the court issues for record in the county where the property sits | R.C. 2113.61 | After the inventory including the real property is filed and before the final account |
| Render a final and distributive account (Form 13.0), or file a certificate of termination (Form 13.6) where the sole heir or beneficiary is the fiduciary | R.C. 2109.301(B)(1) and (B)(2) | Within six months after appointment, unless a statutory exception applies |
| Pay taxes. No Ohio death tax is due, because Ohio has no estate tax and no inheritance tax for current deaths; a federal estate-tax return is required only above the federal exclusion | the Ohio Department of Taxation, tax.ohio.gov, verified July 2026; Public Law 119-21 for the federal exclusion | During administration; the federal exclusion is $15 million per individual for deaths in 2026 |
Forms and documents
Probate forms in Ohio
Ohio has a statewide probate form set, the Standard Probate Forms prescribed by the Supreme Court of Ohio, and every one of the 88 county probate courts uses it. The decedent's estate set is published at supremecourt.ohio.gov/forms/all-forms/decedents-estate/8, with form numbers and titles that are the same in every county. The Supreme Court publishes the forms, but they are filed in the local county probate court, and a county court may require additional local forms and cover sheets alongside the statewide set, published in or beside that court's local rules. The Supreme Court of Ohio maintains a statewide index of trial-court local rules at supremecourt.ohio.gov/laws-rules/local-rules-of-court/, which links each county's probate-division rules.
This page describes the forms as prescribed by the Supreme Court of Ohio and cites the Revised Code for substance, rather than citing a rule number, because the Supreme Court of Ohio restructured its rules as of July 1, 2026 and rule numbering changed. The forms themselves did not change. Confirm a form's current number and title on the Supreme Court forms page before relying on it.
| Form | What it is | When used |
|---|---|---|
| Form 1.0 | Surviving Spouse, Children, Next of Kin, Legatees, and Devisees | Filed with the application to identify the people entitled to notice and to inherit (R.C. 2113.07) |
| Form 2.0 | Application to Probate Will | Filed to admit the decedent's will to probate, which is what makes letters testamentary possible (R.C. 2113.05). The statutory fee for probating a will is $15.00 (R.C. 2101.16(A)(53)) |
| Form 4.0 | Application for Authority to Administer Estate | The application that opens a full administration and asks the court to appoint a fiduciary (R.C. 2113.05, R.C. 2113.07). The statutory appointment fee is $35.00 (R.C. 2101.16(A)(34)) |
| Form 4.1 | Supplemental Application for Ancillary Administration | Added to the application where the decedent lived outside Ohio at death but owned Ohio property |
| Form 4.5 | Entry Appointing Fiduciary; Letter of Authority | The court's entry appointing the executor or administrator and the letter of authority that proves the fiduciary's power to act |
| Form 5.0 | Application to Relieve Estate From Administration | Filed to release an estate from administration where the assets are $35,000 or less, or $100,000 or less with a surviving spouse entitled to everything (R.C. 2113.03) |
| Form 5.1 | Assets and Liabilities of Estate to be Relieved from Administration | Filed with Form 5.0 to show the court what the estate holds and owes (R.C. 2113.03) |
| Form 5.10 | Summary Release From Administration | The application for the smallest route, capped at the lesser of $5,000 or the funeral and burial expenses for a non-spouse applicant, or the $40,000 allowance for support plus up to $5,000 of funeral and burial expenses for the surviving spouse (R.C. 2113.031) |
| Form 5.11 | Entry Granting Summary Release From Administration | The court's entry granting a summary release (R.C. 2113.031) |
| Form 6.0 | Inventory and Appraisal | The inventory of Ohio real property and personal property to be administered, due within three months after appointment (R.C. 2115.02) |
| Form 7.0 | Certification of Notice to Administrator of Medicaid Estate Recovery Program | Certifies the 30-day notice required by R.C. 2117.061, including on release and summary-release filings |
| Form 12.0 | Application for Certificate of Transfer | Applies for the certificate that transfers Ohio real property passing through the estate, filed after the inventory including the property and before the final account (R.C. 2113.61) |
| Form 13.0 | Fiduciary's Account | The account, including the final and distributive account due within six months after appointment (R.C. 2109.301). The statutory fee for an account is $12.00 (R.C. 2101.16(A)(1)) |
| Form 13.6 | Certificate of Termination | Filed instead of accountings where the sole heir or beneficiary is also the fiduciary (R.C. 2109.301(B)(2)) |
Fees
Ohio probate costs come in two layers, and confusing them is the most common Ohio fee mistake. The first layer is statutory and statewide: R.C. 2101.16(A) fixes most probate fee items by dollar amount, in the version effective September 30, 2025 (House Bill 96 of the 136th General Assembly). The second layer is local: each county probate court may require its own advance deposit for costs by local rule, up to $125.00 (R.C. 2101.16(E)), and may add a computerization fee not to exceed three dollars charged by the probate judge and a clerk's-office computerization fee not to exceed ten dollars on most fee items (R.C. 2101.162(A)(1) and (B)(1)), plus a dispute-resolution fee not to exceed fifteen dollars on the filing of each action (R.C. 2101.163(A)). The local deposit, not the statutory item fees, is the number a family actually pays at the counter, and it is why the real cost of opening an estate differs from county to county. Every figure below comes from R.C. 2101.16, effective September 30, 2025 (House Bill 96 of the 136th General Assembly), verified July 2026.
| Item | Amount |
|---|---|
| Appointment of a fiduciary, including a guardian or conservator accountable to the probate court | $35.00 (R.C. 2101.16(A)(34)); $30.00 of it is deposited in the county's indigent guardianship fund (R.C. 2101.16(C), R.C. 2111.51) |
| Probating a will | $15.00 (R.C. 2101.16(A)(53)) |
| Relieving an estate from administration under R.C. 2113.03, or granting an order for summary release from administration under R.C. 2113.031 | $60.00 (R.C. 2101.16(A)(59)); $20.00 of it is deposited in the county's indigent guardianship fund (R.C. 2101.16(C), R.C. 2111.51) |
| Inventory with appraisement | $10.00 (R.C. 2101.16(A)(40)) |
| Inventory without appraisement | $7.00 (R.C. 2101.16(A)(41)) |
| An account, in addition to advertising charges | $12.00 (R.C. 2101.16(A)(1)) |
| Certified copies | $1.00 per page, minimum $1.00 (R.C. 2101.16(A)(12)) |
| County advance deposit for costs, set by local rule | Up to $125.00, required at the time application is made for appointment as executor or administrator or a will is presented for probate (R.C. 2101.16(E)); the actual amount is set by each county probate court |
| Computerization fees | Up to $3.00 charged by the probate judge and up to $10.00 for the clerk's office, on most fee items, where the county has adopted them (R.C. 2101.162(A)(1) and (B)(1)) |
| Dispute-resolution fee | Up to $15.00 on the filing of each action, where the county has adopted it (R.C. 2101.163(A)) |
| Fee waiver | Fees are waived for combat-zone military casualties (R.C. 2101.164) |
Because the deposit is set by local rule, do not treat any single dollar figure as the statewide cost of opening an Ohio estate. Ask the county probate court for its current cost or deposit schedule, which Ohio probate courts customarily publish in or alongside their local rules, indexed at supremecourt.ohio.gov/laws-rules/local-rules-of-court/. County practice varies widely, from courts that publish a full schedule with a recommended deposit to small courts whose local rule simply defers to R.C. 2101.16. Verified July 2026.
Timeline
- Creditor claims, six months from the date of death: all claims must be presented within six months after the death of the decedent, whether or not the estate is released from administration or a fiduciary is appointed during that period, and a claim not presented within six months after death is forever barred as to all parties (R.C. 2117.06(B) and (C), effective April 3, 2023). Ohio requires no newspaper advertisement of the grant of letters to start this clock, so the deadline runs from death even if nobody opens an estate.
- Medicaid estate recovery notice, 30 days: for a decedent who was subject to the Medicaid estate recovery program, or whose spouse was, the person responsible for the estate submits a properly 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 after an application for release or summary release from administration is filed (R.C. 2117.061), certified on Form 7.0.
- Inventory, three months: within three months after the date of appointment, unless the probate court grants an extension of time for good cause shown, the executor or administrator files the inventory of Ohio real property and of the personal property to be administered (R.C. 2115.02), on Form 6.0.
- Certificate of transfer for real property: the application on Form 12.0 is filed after the inventory that includes the real property and before the final account, and within five days of a complying application the court issues the certificate for record in each county where the property is situated (R.C. 2113.61).
- Final account, six months: within six months after appointment, every administrator and executor renders a final and distributive account (R.C. 2109.301(B)(1)) on Form 13.0, unless an exception applies, such as a will contest, a spousal election against the will, an insolvent estate, the fiduciary being a party in a civil action, a posthumously born child or heir, or another reason the court approves. Where the sole heir or beneficiary is also the fiduciary, a certificate of termination (Form 13.6) may be filed instead (R.C. 2109.301(B)(2)).
- Federal estate-tax return: a federal return is due nine months after death only for estates above the federal exclusion, $15 million per individual for deaths in 2026 (Public Law 119-21, signed July 4, 2025). No Ohio death-tax filing is due, because Ohio has no estate tax and no inheritance tax for current deaths.
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
The Probate Court is a division of the Court of Common Pleas, and both names are correct. Under the Ohio Revised Code (R.C.) 2101.01(A) a probate division of the court of common pleas is held at the county seat in each county, so Ohio has 88 probate courts, one per county. R.C. 2101.01(B)(1) provides that "probate court" means the probate division of the court of common pleas, and R.C. 2101.01(C) provides that filings are entitled "In the Court of Common Pleas, Probate Division," but are not defective if entitled "In the Probate Court." Use the county name with "Probate Court" and know the formal division name for court paperwork.
The probate judge is elected and is the court's own clerk. One probate judge is elected every six years in each county having a separate judge of the probate division, for a six-year term beginning on the February 9 after election (R.C. 2101.02). The probate judge has care and custody of the court's files, papers, books, and records, is authorized to perform the duties of clerk of the judge's own court, and may appoint deputy clerks (R.C. 2101.11(A)(1)(a), effective September 30, 2025). An estate is therefore opened at the probate court's own clerk's office. The county Clerk of Courts serves the general division and is the wrong office for an estate.
Many counties combine probate and juvenile under one judge. In a large share of Ohio counties the same elected judge presides over the probate division and the juvenile division, and the court brands itself as a probate and juvenile court. The estate counter is the same office, but hours and staffing can be narrower than in a stand-alone probate division, so check the county court's own page for hours and for which counter takes estate filings.
Venue is residence, and there is no district overlay. R.C. 2113.01 grants letters in the county in which the decedent was a resident at the time of death, and where a will is admitted to probate, letters are granted by the probate court in which the will was admitted. Ohio's word is resident, not domiciled. Ohio does not group probate filings into judicial districts or circuits, so every estate is filed in one of the 88 county probate courts, and Ohio's twelve appellate districts have nothing to do with opening an estate.
Two release paths, and the numbers are the most-mistaken figures in Ohio. An estate may be released from administration where the value of the assets of the estate is $35,000 or less, or $100,000 or less where the surviving spouse is entitled to all estate assets (R.C. 2113.03, effective January 13, 2012), on Forms 5.0 and 5.1. Summary release from administration is smaller: the lesser of $5,000 or the funeral and burial expenses for a non-spouse applicant who has paid or is obligated in writing to pay them, or the R.C. 2106.13(A) allowance for support of $40,000 plus an amount not exceeding $5,000 for funeral and burial expenses for the surviving spouse (R.C. 2113.031), on Forms 5.10 and 5.11. The spouse route has no single statutory ceiling: it is the sum of those two cited components.
Allowance for support of $40,000. A surviving spouse, minor children, or both are entitled to $40,000 in money or property as an allowance for support, reduced by the value of the lowest-valued extra automobile selected under R.C. 2106.18, and the money or property set off is considered estate assets (R.C. 2106.13(A), effective August 17, 2021). It goes entirely to the spouse where there are no minor children or where all minor children are also the spouse's children, and otherwise in equitable shares (R.C. 2106.13(B)).
Creditor claims run from the date of death, not from a publication. All claims must be presented within six months after the death of the decedent, whether or not the estate is released from administration or a fiduciary is appointed during that period, and, except for the Medicaid estate recovery program's claim, a claim not presented within six months after death is forever barred as to all parties (R.C. 2117.06(B) and (C), effective April 3, 2023); R.C. 2117.061(D) lets the Medicaid estate recovery administrator present its claim up to 90 days after receiving the recovery notice form or one year after death, whichever is later. Ohio requires no newspaper advertisement of the grant of letters, so there is no publication date to count from.
The Medicaid estate recovery notice catches release filings too. For a decedent who was subject to the Medicaid estate recovery program, or whose spouse was, the person responsible for the estate submits a properly 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 after an application for release or summary release from administration is filed (R.C. 2117.061), and certifies it on Form 7.0. Families who use a release path often assume no notice is due, and that is wrong.
Real estate moves by certificate of transfer, or avoids probate by affidavit. Where Ohio real property passes under a will or by intestate succession, the fiduciary applies for a certificate of transfer on Form 12.0 after filing an inventory that includes the property and before the final account, and within five days of a complying application the court issues the certificate for record in each county where the property is situated (R.C. 2113.61). Real property sold by the fiduciary, and land registered under R.C. Chapters 5309 and 5310, are excepted, and in a release under R.C. 2113.03 the court's order directing transfer may substitute for the certificate. Separately, a transfer on death designation affidavit recorded with the county recorder before the owner's death moves the described property directly to the named beneficiary and keeps it out of probate entirely (R.C. 5302.22).
Fees are statutory items plus a county deposit. R.C. 2101.16(A) fixes most fee items statewide, effective September 30, 2025: $35.00 for appointment of a fiduciary (A)(34), $15.00 for probating a will (A)(53), and $60.00 for a release or summary release (A)(59). Each county probate court may then require an advance deposit for costs by local rule, up to $125.00 (R.C. 2101.16(E)), and may add computerization charges (R.C. 2101.162) and a dispute-resolution charge (R.C. 2101.163). Fees are waived for combat-zone military casualties (R.C. 2101.164). Ask the county court for its current deposit.
No estate tax and no inheritance tax. The Ohio Department of Taxation states that the Ohio Estate Tax was repealed for estates of individuals with a date of death on or after January 1, 2013, referring readers to House Bill 153 of the 129th General Assembly. R.C. 5731.02 levies the tax only on persons dying before January 1, 2013, and R.C. 5731.21(A)(3) provides that no return shall be filed for estates of decedents dying on or after that date. Ohio also has no inheritance tax, so nothing is owed based on a beneficiary's relationship to the decedent, and no tax release or consent to transfer is needed, because R.C. 5731.39 does not apply to asset transfers for decedents dying on or after January 1, 2013.
Federal estate tax. The separate federal estate tax applies only above the federal exclusion, which is $15 million per individual for deaths in 2026 under Public Law 119-21, signed July 4, 2025 and indexed annually after 2026.
E-filing and case search are per county, with a statewide docket mandate coming. There is no statewide probate e-filing system and no statewide public case search in Ohio. Franklin County requires e-filing through eFlex for all case types except marriage, for attorneys and self-represented filers alike, under an administrative order effective July 2, 2025. Cuyahoga County's e-filing is optional and open to any adult but covers only certain case types, and release and summary release are not among them. Hamilton County's is optional for registered users, excludes applications for certificates of transfer, fiduciary accounts, and certificates of termination, and the court also accepts fax filing of documents that do not open a case. Many rural counties are paper and in person, and at least one county's local rule forbids electronic and fax filing in probate. R.C. 2101.11(A)(1)(b), added effective September 30, 2025, requires each probate court's general docket to be online for remote public access and printing not later than eighteen months after that date, for cases filed on or after it, so county dockets are being built out.
Small-estate alternatives
Ohio has two simplified routes for smaller estates, both statewide, and both filed in the probate court of the county where the decedent was a resident at death (R.C. 2113.01). Neither one appoints a continuing fiduciary, and neither one escapes the creditor deadline or the Medicaid estate recovery notice. Ohio has no small-estate affidavit: the routes below are court applications on the Standard Probate Forms.
| Path | How it qualifies | How it works |
|---|---|---|
| Release from administration (R.C. 2113.03) | The value of the assets of the estate is $35,000 or less; or the value is $100,000 or less and the decedent left a valid will giving all estate assets to the surviving spouse, or died without a valid will and the surviving spouse is entitled to all estate assets under R.C. 2105.06 together with R.C. 2106.13(B)(1) or (2). Effective January 13, 2012 | Any interested party applies on Form 5.0 with Form 5.1. The court acts after notice to the surviving spouse and heirs and notice by publication in a county newspaper unless waived or found unnecessary, and may order delivery of personal property and transfer of real property. The statutory fee is $60.00 (R.C. 2101.16(A)(59)). Creditor claims still run six months from death (R.C. 2113.03(H), R.C. 2117.06), and the 30-day Medicaid estate recovery notice still applies (R.C. 2117.061) |
| Summary release from administration (R.C. 2113.031) | Either a person other than the surviving spouse who has paid or is obligated in writing to pay the funeral and burial expenses, where the value of the estate's assets does not exceed the lesser of $5,000 or the amount of those expenses; or the surviving spouse, where the assets do not exceed the total of the R.C. 2106.13(A) allowance for support of $40,000 plus an amount not exceeding $5,000 for funeral and burial expenses. Effective October 12, 2006 | The applicant files Form 5.10 and the court grants it by Form 5.11. Where the estate includes an interest in real property, an application for a certificate of transfer accompanies the application (R.C. 2113.61(A)(2)). The statutory fee is $60.00 (R.C. 2101.16(A)(59)), and the 30-day Medicaid estate recovery notice applies (R.C. 2117.061) |
There is no single statutory dollar ceiling for the surviving spouse's summary release in Ohio, and the combined figure often quoted online is arithmetic rather than a threshold in the statute. The spouse route is the $40,000 allowance for support (R.C. 2106.13(A)) plus up to $5,000 of funeral and burial expenses (R.C. 2113.031(B)(2)), and it should always be described as the sum of those two cited components. An estate that exceeds both routes, or that needs a fiduciary with continuing authority, proceeds by full administration on Forms 4.0 and 4.5 (R.C. 2113.05, R.C. 2113.07).
Recent updates
| Date | Change | Source |
|---|---|---|
| September 30, 2025 | House Bill 96 of the 136th General Assembly reenacted the probate fee statute and amended the probate judge's clerk duties. R.C. 2101.16(A) carries the statutory items forward in their current amounts (unchanged from the prior schedule), including $35.00 for appointment of a fiduciary (A)(34), $15.00 for probating a will (A)(53), and $60.00 for relieving an estate from administration or granting a summary release (A)(59), while R.C. 2101.16(E) continues to let each probate court require an advance deposit for costs by local rule, not to exceed $125.00. R.C. 2101.11(A)(1)(a) confirms that the probate judge has care and custody of the court's records and is authorized to perform the duties of clerk of the court. | R.C. 2101.16; R.C. 2101.11; codes.ohio.gov |
| Within eighteen months of September 30, 2025 | R.C. 2101.11(A)(1)(b), added by House Bill 96 of the 136th General Assembly, requires that not later than eighteen months after that effective date, the general docket of the probate court be available online on the clerk of court's web site for remote access and printing by the public, including all individual documents in each case file, for probate cases filed on or after the effective date. Internal court documents and records the court has restricted are excluded. Ohio still has no statewide docket, so check the county court's own site for what exists today. | R.C. 2101.11(A)(1)(b); codes.ohio.gov |
| July 1, 2026 | The Supreme Court of Ohio restructured its Practice and Procedure Rules and Rules of Superintendence, and rule references and numbering changed. The Standard Probate Forms themselves did not change, and the decedent's estate set is published on the Supreme Court's forms pages. This page therefore describes the forms as prescribed by the Supreme Court of Ohio and cites the Revised Code for substance rather than naming a rule number. | Supreme Court of Ohio rules restructuring notice, supremecourt.ohio.gov |
| Deaths in 2026 | The federal estate tax exclusion is $15 million per individual for deaths in 2026 under Public Law 119-21, signed July 4, 2025, and indexed annually thereafter. Ohio levies neither an estate tax nor an inheritance tax of its own, so for most families the federal figure is the only death-tax threshold that matters. | Public Law 119-21 |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Ohio | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A home held jointly with rights of survivorship passes to the surviving spouse outside probate, and so do payable-on-death and beneficiary-designated accounts and any property covered by a transfer on death designation affidavit recorded before death (R.C. 5302.22). Solely held assets may still need a court path. Because the spouse is entitled to everything, the release from administration ceiling rises from $35,000 to $100,000 (R.C. 2113.03), so many spouses file Forms 5.0 and 5.1 instead of a full administration. A very small estate may qualify for summary release, where the spouse route is the $40,000 allowance for support plus up to $5,000 of funeral and burial expenses (R.C. 2113.031, R.C. 2106.13(A)). Ohio taxes none of it: there is no estate tax and no inheritance tax. | Asset discovery to confirm what is held jointly versus solely and whether the estate fits the $100,000 spouse ceiling under R.C. 2113.03. Packet generation for the release application or the full administration. Title guidance for the home, including whether a certificate of transfer is needed. |
| Out-of-state adult child, small estate | If the parent lived in Ohio, the case belongs in the probate court of the Ohio county where the parent was a resident at death (R.C. 2113.01), even though the child lives elsewhere. An estate of $35,000 or less can often be released from administration on Forms 5.0 and 5.1 (R.C. 2113.03), and a child who has paid the funeral bill may qualify for summary release where the assets do not exceed the lesser of $5,000 or those funeral and burial expenses (R.C. 2113.031). Whether the child can file without traveling depends on the county: Franklin County requires e-filing for self-represented filers as well as attorneys, while many rural counties take paper by mail or in person only. | Asset discovery to confirm the estate fits a release ceiling and to find accounts the family did not know about. Packet generation for the release or summary-release application. Coordination with the county probate court's filing rules and, where needed, a local attorney. |
| Parent settling a predeceased child's estate, home must be sold | Because the home has to be sold, the release paths generally do not fit and the parent opens a full administration on Form 4.0, with Form 2.0 if there is a will and Form 1.0 identifying the next of kin (R.C. 2113.05, R.C. 2113.07). The court issues letters and the letter of authority on Form 4.5. The parent then sends the Medicaid estate recovery notice within thirty days (R.C. 2117.061, Form 7.0), files the inventory within three months (R.C. 2115.02, Form 6.0), works through claims presented within six months of death (R.C. 2117.06), and accounts within six months on Form 13.0 (R.C. 2109.301). Real property sold by the fiduciary does not need a certificate of transfer (R.C. 2113.61). | Asset discovery for the child's accounts, policies, and Ohio real property. Packet generation for the full administration filing and the duty deadlines that follow. Referral to a vetted Ohio probate attorney when a sale, a contest, or an insolvent estate is involved. |
Self-help resources
| Resource | What it offers |
|---|---|
| The county Probate Court's own website | Hours, directions, mailing address, local forms, local rules, the cost or deposit schedule, e-filing status, and any online docket for the county where the decedent was a resident. This is the authoritative page for filing and records in that county |
| Supreme Court of Ohio, Standard Probate Forms, decedent's estate set (supremecourt.ohio.gov/forms/all-forms/decedents-estate/8) | The statewide forms used in every county, including Forms 1.0, 2.0, 4.0, 4.1, 4.5, 5.0, 5.1, 5.10, 5.11, 6.0, 7.0, 12.0, 13.0, and 13.6. The forms are filed in the local county probate court, which may require additional local forms |
| Supreme Court of Ohio, Ohio trial courts directory (supremecourt.ohio.gov/courts/judicial-system/ohio-trial-courts/) | Official court names and links for each county's Court of Common Pleas and its divisions, including the probate division. Some links are stale, so cross-check against the county court's own site |
| Supreme Court of Ohio, local rules of court (supremecourt.ohio.gov/laws-rules/local-rules-of-court/) | The statewide index of trial-court local rules, which links each county's probate-division rules. Ohio probate local rules customarily carry the court-cost or deposit schedule, the hours, and the list of local forms |
| Ohio Legal Help (ohiolegalhelp.org) | Plain-language guides to Ohio probate, including release from administration and summary release, form assistants, and per-county probate-court resource pages. It is a non-profit resource, not a government site, so confirm court contact facts on the court's own page |
| Ohio Department of Taxation, estate tax (tax.ohio.gov/professional/estate and the estate FAQ at tax.ohio.gov/help-center/faqs/estate/estate) | The state's own statement that the Ohio Estate Tax was repealed for dates of death on or after January 1, 2013, and that no return is filed for those estates |
| 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 list of certified referral services. Many counties also run their own bar association referral service |
| Legal aid finder (ohiolegalhelp.org/find-your-legal-aid) | Ohio is served by a small number of regional legal-aid law firms, including Legal Aid of Southeast and Central Ohio, Community Legal Aid, the Legal Aid Society of Cleveland, and Legal Aid of Western Ohio. Use the finder to identify the program whose service area covers the county, and confirm that it handles estate matters |
When to hire an attorney
An Ohio attorney is advisable when the estate is or may become contested, such as a will contest or a dispute among heirs; when a surviving spouse is electing against the will; when the estate is insolvent or a creditor claim is disputed; when real property or a business interest must be valued or sold; when the fiduciary is a party in a civil action, which is also one of the reasons a final account can be delayed beyond six months (R.C. 2109.301(B)(1)); when Medicaid estate recovery is in play; or when a decedent who lived outside Ohio owned Ohio property and ancillary administration is needed. For a straightforward release from administration (R.C. 2113.03) or summary release (R.C. 2113.031), and for many uncontested full administrations, Ohio families often complete the process themselves on the Standard Probate Forms prescribed by the Supreme Court of Ohio, with help from the county probate court's own instructions. Sunset can connect families to a vetted Ohio probate attorney when the situation requires counsel.
How Sunset helps in Ohio
Find the accounts and assets. During estate settlement, Sunset searches more than 2,300 financial institutions and Ohio public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Ohio real estate, vehicles, business interests, and unclaimed property, and flags how each asset is titled so the family can tell what passes outside probate, whether the estate fits the $35,000 or $100,000 release ceilings (R.C. 2113.03) or the smaller summary-release routes (R.C. 2113.031), and whether it comes anywhere near the federal estate-tax exclusion of $15 million per individual for deaths in 2026.
Generate the probate packet. Sunset assembles the packet for the estate settlement path that fits, whether the release application on Forms 5.0 and 5.1, the summary release on Form 5.10, or the full administration on Forms 4.0, 2.0, and 1.0, ready to file with the probate court of the county where the decedent was a resident at death, and tracks the duty deadlines that follow: the 30-day Medicaid estate recovery notice (R.C. 2117.061), the three-month inventory (R.C. 2115.02), and the six-month account (R.C. 2109.301).
Find a local probate attorney. When the situation calls for counsel, such as a contested estate, a spousal election, an insolvent estate, a real-property sale, or ancillary administration for a decedent who lived outside Ohio, Sunset connects families to a vetted Ohio probate attorney serving the relevant 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
Which court handles probate in Ohio?
The county Probate Court, which is the probate division of that county's Court of Common Pleas. Ohio has 88 of them, one per county, each held at the county seat under the Ohio Revised Code (R.C.) 2101.01(A). Both names are correct by statute: R.C. 2101.01(B)(1) defines "probate court" as the probate division of the court of common pleas, and R.C. 2101.01(C) prescribes the caption "In the Court of Common Pleas, Probate Division," while saving a filing entitled "In the Probate Court" from defect. The judge is an elected probate judge (R.C. 2101.02) who is also the court's own clerk (R.C. 2101.11(A)(1)(a)), so estates are opened at the probate court's clerk's office, not at the county Clerk of Courts.
Where do I file probate in Ohio?
In the probate court of the county where the decedent was a resident at the time of death (R.C. 2113.01). If a will is admitted to probate, letters testamentary or of administration are granted by the probate court in which the will was admitted. Ohio's statute says resident rather than domiciled. There are no judicial districts or circuits to worry about in Ohio probate: you file in one of the 88 county probate courts. A decedent who lived in another state but owned Ohio property is handled by ancillary administration, using Form 4.1 in an Ohio county probate court.
How much does it cost to open probate in Ohio?
Ohio costs come in two layers. The statutory items are fixed statewide by R.C. 2101.16(A), effective September 30, 2025: $35.00 for appointment of a fiduciary (A)(34), $15.00 for probating a will (A)(53), $60.00 for relieving an estate from administration or granting a summary release (A)(59), $10.00 for an inventory with appraisement (A)(40), and $12.00 for an account (A)(1). On top of those, each county probate court may require an advance deposit for costs by local rule, up to $125.00 (R.C. 2101.16(E)), and may add computerization charges (R.C. 2101.162) and a dispute-resolution charge (R.C. 2101.163). The county deposit is what a family actually pays at the counter, so confirm the current amount with the county probate court. Fees are waived for combat-zone military casualties (R.C. 2101.164).
What is the small estate limit in Ohio?
There are two ceilings, both under R.C. 2113.03, effective January 13, 2012. An estate may be released from administration where the value of the assets of the estate is $35,000 or less. The ceiling rises to $100,000 or less where the surviving spouse is entitled to all the estate assets, either under a valid will leaving everything to the spouse or by intestacy under R.C. 2105.06 together with R.C. 2106.13(B)(1) or (2). The application is Form 5.0 with Form 5.1. A release does not escape the six-month creditor deadline (R.C. 2113.03(H), R.C. 2117.06) or the 30-day Medicaid estate recovery notice (R.C. 2117.061).
Is there a single dollar limit for summary release from administration in Ohio?
No. Summary release has two routes under R.C. 2113.031, and only one of them has a flat figure. A person other than the surviving spouse who has paid or is obligated in writing to pay the funeral and burial expenses may apply where the estate's assets do not exceed the lesser of $5,000 or those expenses. The surviving spouse may apply where the assets do not exceed the total of the R.C. 2106.13(A) allowance for support of $40,000 plus an amount not exceeding $5,000 for funeral and burial expenses, so the spouse ceiling is the sum of two cited components rather than a single number in the statute. Combined figures quoted online are arithmetic, not a statutory threshold. The forms are 5.10 and 5.11.
How long do creditors have to file a claim in Ohio?
Six months from the date of death. All claims must be presented within six months after the death of the decedent, whether or not the estate is released from administration or an executor or administrator is appointed during that six-month period, and a claim that is not presented within six months after death is forever barred as to all parties, except the Medicaid estate recovery program's claim, which may be presented up to 90 days after the recovery notice form is received or one year after death, whichever is later (R.C. 2117.06(B) and (C), effective April 3, 2023; R.C. 2117.061(D)). This is a date-of-death rule, and Ohio requires no newspaper advertisement of the grant of letters to start it, so the window can close on an estate nobody has opened yet.
When is the Ohio inventory due, and when is the final account due?
The inventory is due within three months after the date of appointment, unless the probate court grants an extension of time for good cause shown, and it is filed on Form 6.0 (R.C. 2115.02). The final and distributive account is due within six months after appointment, on Form 13.0, unless one of the R.C. 2109.301(B)(1) exceptions applies, such as a will contest, a spousal election against the will, an insolvent estate, the fiduciary being a party in a civil action, or a posthumously born child or heir. Where the sole heir or beneficiary is also the fiduciary, no partial accountings are required and a certificate of termination (Form 13.6) may be filed instead (R.C. 2109.301(B)(2)).
Does Ohio have an estate tax or an inheritance tax?
No, for current deaths. The Ohio Department of Taxation states that the Ohio Estate Tax was repealed for estates of individuals with a date of death on or after January 1, 2013, referring readers to House Bill 153 of the 129th General Assembly, and R.C. 5731.21(A)(3) provides that no return shall be filed for estates of decedents dying on or after that date. Ohio also has no inheritance tax, so nothing is owed based on a beneficiary's relationship to the decedent, and no tax release or consent to transfer is required, because R.C. 5731.39 does not apply to asset transfers for decedents dying on or after January 1, 2013. The separate federal estate tax applies only above the federal exclusion, $15 million per individual for deaths in 2026 (Public Law 119-21, signed July 4, 2025).
Do I have to send a Medicaid estate recovery notice in Ohio?
Yes, where the decedent or the decedent's spouse was subject to the Medicaid estate recovery program, and quickly. The person responsible for the estate submits a properly 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 after an application for release or summary release from administration is filed (R.C. 2117.061). Compliance is certified on Form 7.0. The duty applies to the release paths as well as to full administrations, which families using a simplified route often miss.
Can I e-file probate in Ohio?
It depends entirely on the county. There is no statewide probate e-filing system, and each of the 88 probate courts sets its own rules. Franklin County requires e-filing through eFlex for all case types except marriage, for attorneys and self-represented filers alike, under an administrative order effective July 2, 2025. Cuyahoga County's e-filing is optional and open to any adult but covers only certain case types, and release from administration and summary release are not among them. Hamilton County's is optional for registered users, excludes applications for certificates of transfer, fiduciary accounts, and certificates of termination, and the court also accepts fax filing of documents that do not open a case. Many rural counties are paper and in person. Confirm the county court's current rules before filing.
How do I look up an Ohio probate case?
County by county. There is no statewide public probate case search and no statewide docket. Some metro courts publish an online docket that covers estates, with different rules about documents: Franklin County's public record search does not put document images on the public side, while Hamilton County publishes docket-entry images. Many counties expose no estate case types online, and records are requested from the probate court's own clerk's office. This is changing: R.C. 2101.11(A)(1)(b), added effective September 30, 2025, requires each probate court's general docket to be available online for remote public access and printing not later than eighteen months after that date, for cases filed on or after it.
Where do I get Ohio probate forms?
Ohio uses the Standard Probate Forms prescribed by the Supreme Court of Ohio in every county, published in the decedent's estate set at supremecourt.ohio.gov/forms/all-forms/decedents-estate/8. The load-bearing estate forms are 1.0 (Surviving Spouse, Children, Next of Kin, Legatees, and Devisees), 2.0 (Application to Probate Will), 4.0 (Application for Authority to Administer Estate), 4.1 (Supplemental Application for Ancillary Administration), 4.5 (Entry Appointing Fiduciary; Letter of Authority), 5.0 and 5.1 (release from administration), 5.10 and 5.11 (summary release from administration), 6.0 (Inventory and Appraisal), 7.0 (Certification of Notice to Administrator of Medicaid Estate Recovery Program), 12.0 (Application for Certificate of Transfer), 13.0 (Fiduciary's Account), and 13.6 (Certificate of Termination). The forms are filed in the local county probate court, and a county court may require additional local forms, so check the county's local rules.
How does Ohio real estate transfer after someone dies?
If the property has to pass through the estate, the fiduciary applies for a certificate of transfer on Form 12.0 after filing an inventory that includes the real property and before the final account, and within five days of a complying application the court issues the certificate for record in each county where the property is situated (R.C. 2113.61). Real property sold by the executor or administrator, and land registered under R.C. Chapters 5309 and 5310, are excepted, and where the estate is released from administration under R.C. 2113.03 the court's order directing transfer may substitute for the certificate. Property can also skip probate entirely: a transfer on death designation affidavit recorded with the county recorder before the owner's death moves the described property directly to the named beneficiary (R.C. 5302.22).
What authority document does an Ohio probate court issue?
On an admitted will the court issues letters testamentary to the executor named in the will; with no will it issues letters of administration to an administrator (R.C. 2113.05). Either way the appointment is recorded on Form 4.5, the Entry Appointing Fiduciary and Letter of Authority, and that letter of authority is what banks, brokerages, and transfer agents ask for. Certified copies are $1.00 per page with a $1.00 minimum (R.C. 2101.16(A)(12)), so order enough for the institutions holding estate assets. A release or summary release under R.C. 2113.03 or R.C. 2113.031 appoints no continuing fiduciary and issues no letters; the court's order does the work instead (though the court may appoint a commissioner to execute conveyances, R.C. 2113.03(E)).
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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.