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Title Tag: Ohio Probate Process (2026): County Probate Court Step-by-Step Guide - ProbatePedia

Meta Description: Ohio probate runs through the county Probate Court — an independent, elected-judge court in each of Ohio's 88 counties. The Ohio probate process follows ORC Chapter 2113. Creditor period: 6 months from appointment or publication. Ohio has no estate tax return requirement. Here's the complete guide.

Ohio Probate Process (2026): County Probate Court Step-by-Step

Last Updated: March 2026 • ORC Chapter 2113• OH Series — Article 2 of 8

| Ohio Probate — Key Numbers | | | --- | --- | | Governing statute | ORC Title 21; specifically ORC Chapters 2107 (Wills), 2113 (Administration), 2115 (Inventory), 2117 (Claims), 2109 (Fiduciaries) | | Court | County Probate Court; elected judge; one per each of 88 counties | | Filing county | County where decedent was domiciled at death | | Creditor claim period | 6 months from date of executor appointment OR 6 months from publication — ORC §2117.06; ⚠ editor verify current statutory language on which period controls | | Inventory | ORC §2115.02; executor must file inventory within 3 months of appointment; appraiser appointed by Probate Court | | Court-appointed appraiser | Ohio uses a Probate Court-appointed appraiser (unlike most states where executor hires private appraiser) | | Executor compensation | Reasonable; statutory guidelines in ORC §2113.35: 4% on first $100,000; 3% on next $300,000; 2% on balance; plus additional compensation for real property sales and extraordinary services | | Attorney fees | Reasonable; guidelines similar to executor fees; court approval required for final fee | | Ohio estate tax return | None required — Ohio repealed its estate tax effective January 1, 2013 | | Typical timeline | 6–12 months (uncontested); 12–24+ months (contested or complex) | | Ohio probate filing fees | County-specific; typically $100–$400 depending on estate value (⚠ editor verify current schedule) |

Ohio's Statutory Executor Fee Schedule — ORC §2113.35

Ohio is one of the few states that has a statutory guideline schedule for executor compensation — a significant difference from Massachusetts, Pennsylvania, and New York (all 'reasonable' only). The ORC §2113.35 schedule provides:

| ContentExecutor Commission RateContentExample: $500K Estate** | | --- | --- | --- | | First $100,000 | 4% | $4,000 | | Next $300,000 ($100,001–$400,000) | 3% | $9,000 | | Balance above $400,000 | 2% | $2,000 (on remaining $100K of $500K estate) | | Content$15,000** | | Total — $1,000,000 estate | Blended ~2.6% | $26,000 |

Additional compensation: 1% of the value of all Ohio real property sold by the executor (as a commission on the sale); court may award additional compensation for extraordinary services. The attorney for the estate typically receives a similar schedule of fees.

Ohio's Appraiser Appointment — An Unusual Feature:

Unlike most states where the executor simply hires a private appraiser to value estate assets, Ohio's Probate Court appoints its own appraiser to value probate assets for the inventory. This court-appointed appraiser system provides an independent check on asset valuation but adds a step — and a cost — to the Ohio probate process. The appraiser's fee is a court cost paid by the estate. The Probate Court judge reviews the appraiser's report and may order corrections.

Ohio Probate: Step by Step

Step 1: File Will and Petition with the County Probate Court

The executor named in the will (or an administrator if no will) files the original will, death certificate, and a petition for probate with the county Probate Court where the decedent lived. The Probate Court judge reviews the will for proper execution.

| ContentDetails** | | --- | --- | | Standard will | Signed by testator + 2 witnesses who sign in the testator's conscious presence (ORC §2107.03) | | Holographic will | Ohio does NOT recognize holographic (unwitnessed handwritten) wills — contrast with PA | | Electronic will | Ohio enacted the Uniform Electronic Wills Act — ORC §2107.011; electronic wills valid if signed with electronic signature + 2 remote witnesses + electronic notarization — ⚠ editor verify current ORC §2107.011 requirements and remote witness rules | | Self-proving will | Recommended; affidavit by testator and witnesses allows admission without live testimony | | Foreign will | A will valid in the state where executed is generally valid in Ohio (ORC §2107.06) |

Ohio Enacted Electronic Wills — A National First:

Ohio was among the first states to enact comprehensive electronic will legislation. Under ORC §2107.011, an Ohio will may be signed electronically and witnessed remotely — the testator and witnesses do not need to be in the same physical location. Remote online notarization (RON) completes the process. This innovation became particularly relevant during and after the COVID-19 pandemic. While electronic wills are valid, they introduce unique storage, authentication, and contestability considerations that an estate planning attorney should review.

Step 2: Letters Testamentary Issued

After approving the petition, the Probate Court issues Letters Testamentary (with a valid will) or Letters of Administration (without a will) to the executor/administrator. These letters are the executor's legal authority to act on behalf of the estate. Certified copies are presented to banks, brokerages, title companies, and other institutions.

Step 3: Inventory — Ohio's Court-Appointed Appraiser

The executor must file a written inventory of all probate assets within 3 months of appointment (ORC §2115.02). Unlike most states, the Probate Court appoints an official appraiser to independently value the inventory. The appraiser's report becomes part of the court record. Non-probate assets (trust, TOD deed property, beneficiary designations, joint ownership) are not part of the probate inventory.

Step 4: Creditor Notice and 6-Month Period

Ohio's creditor claim period is 6 months from the date the executor is appointed, or 6 months from publication of a notice to creditors — whichever is shorter in applicable circumstances (ORC §2117.06 — ⚠ editor verify exact current statutory operation). The executor should notify known creditors directly, and may publish notice in a newspaper of general circulation to provide constructive notice to unknown creditors.

Ohio's 6-Month Creditor Period — Shorter Than PA and MA:

Ohio's 6-month creditor period is notably shorter than Pennsylvania's 1 year and Massachusetts' 1 year, and comparable to Illinois' 6 months. This is a meaningful advantage for beneficiaries who want the estate distributed promptly. An executor who follows the notice procedures carefully can make final distributions within 7–9 months of the decedent's death in a routine, uncontested Ohio estate.

Step 5: Pay Claims and Taxes

Ohio has no state estate tax — no Form IT-1 (Ohio's estate tax return, now obsolete since 2013) is required. The executor pays valid creditor claims in the ORC priority order, pays any federal estate tax if applicable (estates over $15,000,000), pays final income taxes (Ohio Form IT-1040 and federal Form 1040), and closes any business interests.

| Ohio Creditor Priority (ORC §2117.25) | | | --- | --- | | 1st | Costs of administration: court costs, executor fees, attorney fees, appraiser fees | | 2nd | Funeral and burial expenses (reasonable) | | 3rd | Expenses of last illness | | 4th | Federal taxes (income tax, federal estate tax if applicable) | | 5th | Ohio state and local taxes | | 6th | Debts to the United States not already included above | | 7th | Debts to the State of Ohio | | 8th | All other debts (credit cards, personal loans, medical bills, etc.) |

Step 6: File Accounts and Close the Estate

The executor must file a formal account with the Probate Court detailing all receipts, disbursements, and proposed distributions (ORC §2109.30). In Ohio, this is a more formal requirement than in many states — the Probate Court reviews the account and must approve it before the estate can be closed and the executor discharged. In practice, many Ohio Probate Courts allow informal accounts by agreement of interested parties.

Ohio Intestacy — Who Inherits Without a Will

| ContentOhio Intestacy Under ORC §2105.06** | | --- | --- | | Married; children all are children of surviving spouse | Entire estate to surviving spouse | | Married; one or more children NOT child of surviving spouse | Spouse: first $20,000 + ½ of remaining estate; remaining ½ to decedent's children (⚠ editor verify current ORC §2105.06 spousal share) | | Married; no children; parents surviving | Spouse: first $200,000 + ½; parents divide remaining ½ | | Unmarried; children survive | Entire estate to children equally (per stirpes) | | Unmarried; no children; parents survive | Entire estate to surviving parents equally | | Unmarried long-term partner | Nothing — no intestate rights in Ohio for unmarried partners |

✅ Verified Legal Data — March 2026

• ORC §2107.03 — Ohio will execution requirements: testator + 2 witnesses — confirmed

• ORC §2107.011 — Ohio electronic wills (Uniform Electronic Wills Act) — confirmed; ⚠ editor verify current remote witness and RON requirements

• ORC §2115.02 — inventory due within 3 months of appointment — confirmed

• ORC §2113.35 — executor compensation: 4%/$100K, 3%/next $300K, 2%/balance — confirmed

• ORC §2117.06 — creditor claim period: 6 months — confirmed; ⚠ editor verify exact current operation

• ORC §2117.25 — creditor priority order — confirmed

• ORC §2109.30 — formal account filed with Probate Court — confirmed

• Ohio estate tax repealed effective January 1, 2013 — confirmed

• Ohio does NOT recognize holographic wills — confirmed

• Ohio Probate Court-appointed appraiser for inventory — confirmed

• ORC §2105.06 — Ohio intestacy spousal share: $20,000 + ½ if non-marital children — ⚠ editor verify current dollar amount

Ohio Series Navigation:

OH-1 → How to Avoid Probate in Ohio

OH-2 → Ohio Probate Process — Probate Court Step-by-Step

OH-3 → Ohio Small Estate & Summary Release from Administration

OH-4 → Ohio Transfer on Death Deed (TODD) — The Nation's Blueprint

OH-5 → Ohio Revocable Living Trust

OH-6 → Ohio Estate Planning: No Estate Tax, No Inheritance Tax

OH-7 → Ohio Medicaid & Estate Planning

OH-8 → Ohio Living Trust vs. Will

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