Published January 2025 | 7 min read
Probate is the court-supervised process of administering a deceased person's estate. In Ohio, most estates with assets titled in the decedent's name alone must go through probate before those assets can be transferred to heirs. Understanding the process helps families navigate this difficult time with less stress.
Step 1: Filing the Will and Petition
The process begins when the executor named in the will (or an interested party if there is no will) files a petition with the probate court in the county where the deceased resided. The original will must be filed with the court.
Step 2: Appointment of the Executor
The court formally appoints the executor (called an administrator if there is no will) and issues Letters Testamentary, which authorize the executor to act on behalf of the estate.
Step 3: Inventory and Appraisal
The executor must file an inventory of all probate assets within three months of appointment. Real estate, bank accounts, investments, and personal property must all be listed and valued.
Step 4: Paying Debts and Taxes
Before distributing assets to heirs, the executor must notify creditors, pay valid debts, and file any required tax returns. Ohio does not have a state estate tax, but federal estate taxes may apply to larger estates.
Step 5: Distribution to Heirs
After debts and taxes are paid, the remaining assets are distributed according to the will or, if there is no will, according to Ohio's intestacy laws. The executor files a final account with the court and the estate is closed.
How Long Does Ohio Probate Take?
Simple estates can be closed in six to nine months. Complex estates, contested wills, or estates with significant debts may take two years or more. Proper estate planning with a revocable living trust can avoid probate entirely.