Ohio Probate Guide
If you've just lost someone and are facing the Ohio probate process — this guide walks you through what it costs, how long it takes, the exact filings Ohio requires, and whether you can avoid formal probate entirely.
Typical Timeline
6–12 months
Uncontested formal probate
Small Estate Threshold
$35,000
Release from Administration (ORC 2113.03)
Court
Probate Court (a division of the Court of Common Pleas)
Filing fee: $100–$400
Executor Commission
Statutory scale
~$25,000 on a $1M estate
Probate is needed for any asset owned solely by the decedent at death — real estate without a TOD designation, individually-titled bank or brokerage accounts, and personal property — when totals exceed the Release/Summary Release thresholds. Joint, beneficiary, TOD, and trust assets bypass probate.
A standard Ohio full administration typically takes 6 to 12 months. Release from Administration can wrap in roughly 60 days, and Summary Release for very small estates is even faster.
Ohio's Release from Administration (ORC 2113.03) allows qualifying estates to skip formal probate.
| If the death occurred… | Small estate threshold |
|---|---|
| Release from Administration, general rule (ORC 2113.03) | $35,000 |
| Release from Administration when surviving spouse inherits everything | $100,000 |
| Summary Release from Administration (ORC 2113.031) | $5,000 |
Release from Administration applies when the gross estate is $35,000 or less. The limit rises to $100,000 if everything passes to the surviving spouse. A Summary Release from Administration handles estates of $5,000 or less (or up to $45,000 if used to reimburse a surviving spouse for funeral expenses).
Executors and administrators receive a statutory fee on personal property and proceeds from real estate sold during administration (ORC 2113.35).
Example: An estate valued at $1,000,000 would yield an executor commission of approximately $25,000.
Attorney fees:
Attorney fees are not statutory in Ohio; many county probate courts have local rules suggesting reasonable percentages, but fees must be approved by the court.
Multiple co-executors:
Co-executors share a single statutory fee; the court divides the total between them based on services rendered.
Statute: Ohio Rev. Code § 2113.35
Enter the estate's gross value to estimate statutory probate costs in Ohio.
Executor commission
Statutory (Ohio Rev. Code § 2113.35)
$15,000
Attorney fees
Not statutory in Ohio — negotiated separately (hourly, flat, or % of estate, typically 2–4%).
varies
Court filing fee
Sliding scale $100–$400
$100+
Estimated statutory total
$15,100 + attorney fees
Estimate only. Excludes extraordinary executor fees, bond premiums, appraisal fees, publication costs, accounting fees, and Ohio-specific surcharges. Does not constitute legal or financial advice.
A fiduciary bond is required unless the will waives it for a resident executor, or all heirs/beneficiaries waive bond. Nonresident executors are typically required to post bond regardless of any will waiver.
Statute: Ohio Rev. Code § 2109.04
Ohio repealed its state estate tax effective January 1, 2013, and has no inheritance tax. Only the federal estate tax applies — $15 million per individual or $30 million for married couples in 2026 under the One Big Beautiful Bill Act.
A surviving spouse may take against the will and receive an intestate share — typically the first $40,000 plus a fraction of the balance depending on whether the decedent left descendants of another relationship (ORC 2106.01). An automatic $40,000 family allowance for support is provided regardless of the will (ORC 2106.13).
Ohio runs an aggressive Medicaid Estate Recovery program through the Attorney General's office. Recovery applies to any asset that was the decedent's at death or in which the decedent had an interest — extending beyond probate assets to certain joint and survivorship property. Recovery is deferred during the lifetime of a surviving spouse, minor, or disabled child.
The full Ohio executor checklist has 24 milestones: 2 specific to Ohio law (shown below — filings, forms, and court interactions tied to Ohio statutes) and 22 universal duties that apply in every state (expandable at the end of the list). The same item never appears in both groups.
Determine administration type and file application
Ohio offers several probate options: Full Administration (standard process with court oversight), Release from Administration (simplified process when the surviving spouse is the sole heir and the estate value is within the statutory limit), and Summary Release from Administration (for very small estates under ORC 2113.031). File the appropriate Application for Authority to Administer Estate with the probate court in the county where the decedent was domiciled.
Open an estate bank account
Obtain an EIN from the IRS using Form SS-4 and open a checking account in the name of the estate. All estate income, liquidation proceeds, and expense payments should be processed through this account. Ohio probate courts require careful tracking of all financial transactions.
Obtain certified death certificates
Order at least 10-12 certified copies of the death certificate from the Ohio Department of Health or the local vital statistics office. These will be required by the probate court, financial institutions, insurance companies, and various government agencies.
Locate and review the will
Search for the decedent's original will and any codicils. Under Ohio law, any person in possession of a will must deliver it to the probate court within one month after receiving notice of the testator's death (ORC Section 2107.07). Also determine whether any assets pass outside probate via transfer-on-death designations, joint ownership, or trusts.
Secure estate property and valuables
Immediately secure the decedent's residence by changing locks if necessary. Safeguard valuables such as jewelry, cash, important documents, firearms, and collectibles. If the home will be vacant, arrange for regular checks, maintain climate control, and notify the homeowner's insurance carrier of the vacancy. Secure vehicles, safe deposit boxes, and storage units. Document the condition of all property with photographs.
Receive Letters Testamentary or Letters of Administration
After the probate court appoints the executor (if there is a will) or administrator (if intestate), the court issues Letters Testamentary or Letters of Administration. The fiduciary must take an oath and post a bond (unless waived by the will or the court). Obtain multiple certified copies for use with financial institutions and other parties.
Notify the Social Security Administration
Report the death to the Social Security Administration at 1-800-772-1213 if not already reported by the funeral home. Any benefits received after the date of death must be returned. The surviving spouse and dependent children may be eligible for survivor benefits.
Cancel services, subscriptions, and forward mail
Forward the decedent's mail through USPS to the executor's address or a secure location to capture bills, tax documents, and creditor correspondence. Cancel or transfer utilities (electric, gas, water, internet, phone), streaming services, gym memberships, magazine subscriptions, and other recurring payments. Notify the landlord if the decedent rented. Cancel the decedent's driver's license, voter registration, and passport to help prevent identity theft.
Notify known creditors
Ohio does not require publication of a notice to creditors, but the executor must send written notice to all known creditors within a reasonable time after appointment. Creditors have six months from the date of death to present their claims under ORC Section 2117.06. Sending timely notice to known creditors helps protect the executor from personal liability.
Notify financial institutions
Send certified copies of the death certificate and Letters Testamentary or Letters of Administration to all banks, brokerage firms, insurance companies, and retirement account custodians. Request date-of-death valuations for all accounts. Identify and marshal all estate assets for inclusion in the inventory.
File IRS Form 56 (Notice of Fiduciary Relationship)
File IRS Form 56 to notify the IRS that you are acting as the fiduciary (executor or administrator) for the decedent's estate. This establishes your authority to receive the decedent's tax information, file returns on their behalf, and correspond with the IRS regarding estate matters. File this form promptly after receiving Letters.
Maintain insurance and pay ongoing estate expenses
Review and maintain all insurance policies on estate property, including homeowner's insurance, auto insurance, and any umbrella liability coverage. Lapsed coverage during administration can expose the estate to significant liability. Continue paying ongoing obligations from the estate bank account: mortgage or rent, property taxes, HOA fees, storage unit fees, and essential maintenance. Keep detailed records of all payments for the final accounting.
File inventory with the probate court
File an inventory of all estate assets with the probate court within three months of appointment, as required by ORC Section 2115.02. The inventory must include all real and personal property with date-of-death fair market values. The court may appoint an appraiser, or the executor may use qualified independent appraisers for real estate, business interests, and specialized personal property.
Handle digital assets and online accounts
Identify and secure the decedent's digital assets, including email accounts, social media profiles, cloud storage, cryptocurrency wallets, online banking, and digital subscriptions. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs fiduciary access to digital accounts. Check the decedent's devices, password managers, and records for account credentials. Contact service providers to memorialize or close accounts as appropriate.
File claims against life insurance and benefits policies
File claims on all life insurance policies, accidental death policies, and any other insurance or death benefits payable to the estate or named beneficiaries. Provide certified death certificates and completed claim forms to each insurance carrier. Note that policies with named beneficiaries generally pass outside of probate directly to the beneficiary, but proceeds payable to the estate must be inventoried.
File final personal income tax return (Form 1040 and Ohio IT 1040)
File the decedent's final federal income tax return (Form 1040) and Ohio individual income tax return (Ohio IT 1040) for the period from January 1 through the date of death. Also file applicable municipal income tax returns, as many Ohio municipalities impose their own income tax.
File estate income tax return (Form 1041 and Ohio IT 1041) if applicable
If the estate earns more than $600 in gross income during the administration period, file federal Form 1041 and Ohio Fiduciary Income Tax Return (Ohio IT 1041). The estate is treated as a separate taxpayer from the date of death. Ohio taxes estate income at the applicable state income tax rates.
File estate tax return (Form 706) if applicable
If the gross estate exceeds the federal estate tax exemption, file federal Form 706 within nine months of death. Ohio eliminated its state estate tax for decedents dying on or after January 1, 2013, so no separate Ohio estate tax return is required. Form 706 may still be filed for federal portability purposes.
Review and pay valid creditor claims
Review all claims presented within the six-month creditor period. Allow or reject each claim. Rejected claims must be pursued by the creditor in court. Pay valid claims from estate funds in the order of priority established by ORC Section 2117.25 (costs of administration, funeral expenses, debts entitled to preference under federal law, costs of last illness, and all other claims).
Distribute specific bequests
Distribute specific gifts and bequests as directed by the will. Obtain signed receipts from each beneficiary. Be aware of the Ohio surviving spouse's rights: the surviving spouse is entitled to a statutory share, allowance for support, and the right to remain in the mansion house for one year under ORC Chapter 2106.
Distribute residuary estate to beneficiaries
After all debts, taxes, administration expenses, and specific bequests have been satisfied, distribute the remaining estate assets to the residuary beneficiaries as directed by the will or by Ohio intestacy law (ORC Section 2105.06). Retain adequate reserves for any pending or disputed claims.
File final accounting with the probate court
File a final and distributive account with the probate court as required by ORC Section 2109.30. The accounting must include a detailed statement of all assets received, income earned, disbursements made, and proposed distributions. The court will schedule a hearing, and interested parties will have the opportunity to file exceptions to the accounting.
Obtain court approval and close the estate
After the probate court approves the final accounting and authorizes distribution, the court enters an entry of final account and distribution. Once all distributions are complete and all receipts are filed with the court, the executor is discharged and the estate is officially closed.
Close the estate bank account
After all final distributions are complete and the court has approved the final accounting, close the estate bank account. Confirm all checks have cleared and the balance is zero. Retain all financial records for at least five years for potential tax audits or beneficiary inquiries.
Ohio real property owned by an out-of-state decedent requires ancillary administration in the Ohio Probate Court for the county where the property sits.
Full administration typically takes 6 to 12 months. Release from Administration usually wraps in about 60 days, and Summary Release is the fastest.
Filing fees range from about $100 for a Release to $400+ for full administration. Statutory executor fees (4% / 3% / 2%) plus attorney fees often add 3–5% of the estate.
$35,000 for Release from Administration, or $100,000 if everything passes to a surviving spouse. Summary Release covers estates of $5,000 or less.
Not strictly required, but most executors hire counsel because Ohio probate courts apply detailed local rules and inventory/account requirements. Some county courts effectively require attorney representation for full administration.
Yes — TOD designation affidavits for real estate, payable-on-death and TOD account designations, joint tenancy with right of survivorship, and revocable living trusts all bypass probate.
Promptly after death. If not admitted within 3 months, a good-faith purchaser of the decedent's real estate may keep it (ORC 2107.46). Concealing a will for over a year can disqualify a beneficiary (ORC 2107.10).
No. Ohio repealed its estate tax effective January 1, 2013, and has no inheritance tax. Only the federal estate tax may apply, and only to estates above $15M individual / $30M per couple (2026).
Yes. Ohio's TOD designation affidavit under ORC 5302.22 lets owners designate one or more real-estate beneficiaries who take title at death without probate.
This page is informational, not legal advice. Probate rules, thresholds, fees, and tax exemptions change. For your specific situation, consult a licensed Ohio probate attorney.