How to Probate a Will in Ohio

By Anna Assad

Probate describes the legal proceedings conducted when a person dies and leaves a will behind. Probating a will in Ohio involves a designated representative, usually the executor, legally distributing the assets of the estate and settling the deceased person's financial affairs.The Ohio Probate Court System has specific rules and procedures for the probate of a will, and all court actions relevant to the estate must be completed for the will to be probated.

Step 1

Locate the last will and testament of the deceased person. The will needs to be filed in the Ohio probate court that has jurisdiction over the area where the deceased person lived. Check areas in the deceased person's home where important papers were stored. Contact the office of the appropriate probate court if you cannot find the will; the person may have filed the will prior to death. Give the clerk the person's full name and ask if a filed will exists.

Step 2

Obtain the death certificate for the deceased person. Contact the department of vital records or statistics if you need a certified copy. Ask for the forms needed to request a death certificate. Fill out the forms in full and submit.

Protect your loved ones. Start My Estate Plan

Step 3

Visit the office of the probate court once you have located the will and have the death certificate. Ask the court clerk for the Application to Probate Will and the Waiver of Notice of Probate forms. Ask for court guidelines and instructions for the forms, if available, and the filing fee schedule. Request the Notice of Probate of Will and Certificate of Notice of Probate of Will forms if you are unsure you will be able to get signatures from all of the heirs.

Step 4

Complete the Application for Probate. The exact form varies by locale, but you generally need the following information: name, birth date and residence of the deceased person; date and place of death; name and residence of the executor named in the will; and the full names and current residences of all legal heirs.

Step 5

Fill out the Waiver of Notice of Probate forms; you need one from each heir. Obtain signed waivers from all heirs if possible. The waivers indicate the heirs are not contesting the executor appointment or probate proceedings.

Step 6

Complete the Notice of Probate form for each heir you could not get a signed waiver from. Serve the notice on each heir at the address you listed on the Application for Probate. The court may accept certified mail receipts or require you use personal service—when a company you hire has a process server deliver the notice to the heir personally. Fill out the Certificate of Service for all the heirs you served. Retain proof of service, such as the mail receipt or an affidavit from the process server.

Step 7

Check the filing fee schedule for your Ohio probate court. Locate "probate application" on the form and note the fee required. Check the schedule for any filing fees for other documents you are filing, such as waivers. Get a check or money order payable as directed on the fee schedule in the amount you noted. Leave the payable section blank if you are unsure.

Step 8

Return to the probate court office. File the probate petition with the will -- if the will was not already filed -- your waivers, any Notice of Probate and Certificate of Service forms you have, and proofs of service. Ask whom to make the payment payable to if you left that area blank.

Step 9

Attend the scheduled probate hearing. The last will and testament may be probated and an executor legally appointed unless a court requirement was not met, an unexpected issue has arisen or other problems occur with the estate.

Protect your loved ones. Start My Estate Plan
How to Probate a Will in New York


Related articles

How to Probate a Will in Arkansas

Probating a will in Arkansas allows you to settle the estate of your loved one. Probate is the legal proceeding used to validate a will and give authority to the named personal representative, the person who oversees the estate's financial affairs and transfers inheritances to heirs and beneficiaries. Arkansas does not have a separate probate court, so the proceedings are completed in the probate division of the circuit court with jurisdiction over the county where the deceased person lived.

How to Probate a Will in Kentucky

Probate in Kentucky is handled by the district court responsible for the county where the person died. Probate is the legal process to settle an estate of a person who died with a valid will. The person named in the will as the executor – the individual responsible for carrying out the will's wishes and directions – can file a petition in the Kentucky courts to start probate. Once the proceedings are completed, the executor is given legal authority to carry out his duties.

How to File a Will to Be Probated in Michigan

To start the probate of a will in Michigan, you must file the will, which initiates the court proceedings necessary to formally appoint you as a personal representative to settle the deceased's estate. You must file the will in the correct county, which is usually the county the deceased lived in when he died, or in the county where he owned real estate. In Michigan, to file the will and the application for informal probate, you need the official proof of death, such as the death certificate, plus the original will and any codicils. You may use an authenticated copy of the will, along with any codicils, such as copies that a probate court from another county has stamped, if you no longer have the originals.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help. Wills & Trusts

Related articles

How to File a Last Will & Testament in Ohio

You may file a last will and testament in Ohio for safekeeping or to initiate probate -- the legal proceeding used to ...

How to Change a Legal Name in Oregon

You can change your legal name in Oregon for various reasons, as long as you're not doing so to commit fraud or hide ...

How Do I Legally Change My Name in Ohio?

Name changes for an adult in Ohio are made in the probate court of the county the person lives in. You must file an ...

How to Fill Out a Small Estate Affidavit in Indiana

Probate is the court-supervised procedure through which the estate of a deceased person, known as the decedent, is ...

Browse by category
Ready to Begin? GET STARTED