How does probate work in Ohio?

1. Governing Code. Ohio Revised Code Title 21, Chapters 2101-2131. Ohio has not adopted the UPC.

2. Court. Probate Court division of the Court of Common Pleas in the county of the decedent's domicile (R.C. § 2101.24).

3. Petition to Open. Application to Probate Will and Application for Authority to Administer Estate filed by the named executor or interested person under R.C. § 2107.11 and R.C. § 2113.05.

4. Letters Testamentary / Letters of Administration. Issued under R.C. § 2113.05 after appointment, oath, and bond unless waived in the will.

5. Notice to Creditors. Ohio does not require published notice when an estate is in full administration. Creditors must present claims within 6 months of the decedent's death under R.C. § 2117.06, regardless of whether they receive notice.

6. Inventory and Appraisal. Filed within 3 months of appointment under R.C. § 2115.02.

7. Informal Administration / Released Estates. Ohio's Release from Administration under R.C. § 2113.03 functions like an informal administration for qualifying estates, eliminating most filings.

8. Summary / Small-Estate Procedure. Release from Administration under R.C. § 2113.03 is available when the estate does not exceed $35,000 (or $100,000 when the surviving spouse is the sole heir or beneficiary). Summary Release from Administration under R.C. § 2113.031 is available for estates up to $5,000 plus funeral expenses.

9. Closing. Account filed within 6 months of appointment or 13 months for a final account, under R.C. § 2109.301. Court approval of the final account closes the estate.

10. Probate Avoidance. Ohio Transfer on Death Designation Affidavit for real estate under R.C. § 5302.22, revocable trust, joint tenancy with right of survivorship (statutory survivorship tenancy), POD/TOD accounts, beneficiary designations, and Ohio's TOD vehicle title.

This is legal information, not legal advice.