Probate in Ohio:
Three tracks, one right answer
for your estate — and the $100K
spousal threshold most families miss

1 Overview — what makes Ohio probate different

Ohio probate is governed by Title 21 of the Ohio Revised Code (ORC), primarily Chapters 2101–2131. Every Ohio county has a dedicated Probate Court — a division of the Court of Common Pleas that handles only estate, guardianship, and trust matters. This is closer to New York's Surrogate's Court model than to the general civil courts used by Illinois and Florida. Ohio's Probate Courts have exclusive jurisdiction over estate administration.

Three features define Ohio probate uniquely. First, Ohio uses the term "fiduciary" instead of executor or administrator — a terminology difference that affects every form, every court filing, and every fee calculation. Second, Ohio's three-track system — Summary Release, Release from Administration, and Full Administration — determines the entire estate experience based on estate size, with the $100,000 spousal threshold for Release from Administration being the most practically valuable rule most Ohio families never learn. Third, Ohio has a statutory fiduciary fee schedule under ORC §2113.35 — a tiered percentage table that sets both fiduciary and attorney fees, providing predictability but also generating significant costs in mid-size estates.

Ohio probate at a glance

2 Ohio's three-track system — choose before you file anything

Before filing anything with the Ohio Probate Court, identify which of three tracks applies. The wrong track means unnecessary delays and costs. Track selection is based entirely on the gross value of probate assets — non-probate assets (life insurance with named beneficiaries, jointly held property, retirement accounts with named beneficiaries, TOD accounts) do not count toward the threshold.

3 The fiduciary — Ohio's term for executor

Ohio consistently uses the word "fiduciary" where every other state uses "executor" or "administrator." When you see "fiduciary" in Ohio probate forms, statutes, and court filings, it means the person appointed to manage and settle the estate. The role is identical to executor — the terminology is uniquely Ohio.

The Probate Court appoints the fiduciary by issuing a Certificate of Appointment (Form 4.5 — Entry Appointing Fiduciary; Letters of Authority). This document is Ohio's equivalent of Letters Testamentary or Letters of Administration. Ohio financial institutions, title companies, and government agencies will require certified copies. Order at least 8–10 when the court issues them.

4 The ORC §2113.35 fee schedule — fiduciary & attorney fees

Ohio is one of the few states with a statutory fee schedule that applies equally to both the fiduciary and the attorney. Under ORC §2113.35, the Probate Court uses a tiered percentage of estate value to calculate ordinary compensation. The attorney for the fiduciary is entitled to the same amount. This means a $500,000 estate pays both a fiduciary fee and an attorney fee — each calculated by the same table — representing a combined total that can surprise families expecting "modest" legal costs.

The attorney is entitled to the same amount under ORC §2113.36 — so double these figures for combined fiduciary + attorney fees. The fiduciary may waive their fee (often done when they are also a primary beneficiary, since fees are taxable income while inheritance is not). The court approves all fees and can reduce them if the fiduciary did not faithfully discharge their duties.

5 Full Administration — step by step

For estates requiring Track 3 Full Administration, the Ohio Probate Court process moves through eight phases. The 6-month creditor claim period from fiduciary appointment (ORC §2117.06) sets the minimum timeline. Ohio's 3-month inventory deadline is shorter than most states and is a firm court deadline.

1. 1

   Assess the estate — choose the right track first Before filing anything

   Before approaching the Probate Court, calculate the gross value of probate assets only. Exclude life insurance with named beneficiaries, jointly held property with survivorship rights, retirement accounts with designated beneficiaries, and TOD accounts. If the total probate value is ≤ $5,000 (or funeral costs + $40K spousal allowance), use Track 1. If ≤ $35,000 (or ≤ $100,000 for surviving spouse getting everything), use Track 2. Only if above these thresholds proceed to Track 3.

2. 2

   File Form 4.0 — Application for Authority to Administer Estate File in person; original will required

   File Form 4.0 (Application for Authority to Administer Estate) with the Probate Court in the county where the decedent was domiciled at death. Attach the original will (e-filing is available in most Ohio counties, but the original will must still be physically deposited with the court). Include a certified death certificate and list of heirs. Initial filing deposits range from approximately $200–$300 in Franklin County (Columbus); Cuyahoga County (Cleveland) requires a $250 deposit.

   At this filing, notify the court whether bond should be waived. If the will waives bond or all beneficiaries have signed written waivers (Form 4.3), note this — otherwise the court will set a bond amount before issuing Letters of Authority.

   Form 4.0 (Application for Authority)Original will (physical deposit)Certified death certificateFiling deposit: ~$200–$300
3. 3

   Court appoints fiduciary — issues Letters of Authority (Form 4.5) Bond required unless waived

   After reviewing the application, the court issues a Certificate of Appointment and Letters of Authority (Form 4.5) — Ohio's equivalent of Letters Testamentary. The court sets the bond amount unless waived. Order at least 8–10 certified copies of Letters — Ohio financial institutions and title companies each require their own original. If bond was not waived, the fiduciary must post the bond before receiving Letters.

   Form 4.5 (Letters of Authority)Certified copies — order 8–10Bond posted (if not waived)
4. 4

   Publish Notice to Creditors — start the 6-month clock 6-month creditor period

   Publish a Notice to Creditors in a newspaper of general circulation in the county where the estate is being administered, once per week for 3 consecutive weeks. This starts the 6-month creditor claim period under ORC §2117.06. No distribution to beneficiaries should occur until this period expires and all valid creditor claims are resolved. Note: Franklin County changed its designated legal publication in December 2025 — the Columbus Dispatch replaced The Daily Reporter. Always verify the current designated publication with the county Probate Court.

   Notice to Creditors (3-week publication)Publication: ~$100–$300 depending on county
5. 5

   File Inventory and Appraisal (Form 6.0) Due within 3 months of appointment

   Within 3 months of the fiduciary's appointment (ORC §2115.02), file a complete Inventory and Appraisal (Form 6.0) listing all probate assets with their fair market values as of the date of death. The court may appoint an appraiser for certain assets — particularly real property. Once filed, the court schedules an inventory hearing and notifies the surviving spouse and all beneficiaries, who have the right to object to asset valuations.

   Form 6.0 (Inventory and Appraisal)Form 6.1 (Schedule of Assets)Deadline: 3 months from appointment
6. 6

   Administer the estate — pay debts, manage assets, file taxes

   During the 6-month creditor period, the fiduciary manages all estate assets, pays valid creditor claims as they are adjudicated, manages real property, and collects income. File the decedent's final Ohio income tax return (Form IT-1040) and federal return. If the estate generates income during administration, file a fiduciary income tax return. Ohio has no estate tax return to file. The fiduciary can sell estate real property with Probate Court approval (or under power of sale in the will).

7. 7

   File Final and Distributive Account (Form 13.0) After 6-month period

   After all creditor claims are resolved and the 6-month period has expired, the fiduciary prepares a Final and Distributive Account (Form 13.0) — a comprehensive statement of all estate receipts, disbursements, and proposed distributions. File with the Probate Court. The court schedules a hearing; the surviving spouse and all beneficiaries are notified and may object. The court approves the account and the proposed distribution plan.

   Form 13.0 (Final Account)Proposed distribution scheduleCourt hearing — beneficiaries notified
8. 8

   Distribute assets and close estate

   After court approval of the final account, distribute assets to beneficiaries per the will or Ohio intestate succession laws. Record deeds for any real property transfers in the county where the property is located using a Certificate of Transfer (Form 14.0). File a Fiduciary's Certificate (Form 15.0) with the court confirming distribution is complete, which triggers the court's formal closing of the estate and discharge of the fiduciary from further liability.

   Form 14.0 (Certificate of Transfer — real estate)Form 15.0 (Fiduciary's Certificate)

6 Timeline & costs

7 Real estate in Ohio probate

Selling probate real estate

Ohio fiduciaries can sell estate real property in two ways: (1) under a power of sale granted in the will, which allows sale without court approval of the specific transaction; or (2) through a court-ordered sale when the will grants no power of sale. Court-ordered sales require a petition, a court order authorizing the sale, and compliance with Ohio's judicial sale procedures — which add time and cost. Wills drafted by Ohio estate attorneys typically include a power of sale to avoid the court-ordered process.

For either method, the fiduciary presents certified copies of Letters of Authority to the title company and signs all sale documents in their fiduciary capacity. Ohio title companies are familiar with estate sales under power of sale. Court-ordered real estate sales are less common for residential property but still occur in intestate estates where the will grants no power of sale.

Transfer on Death (TOD) deeds — probate avoidance for Ohio real estate

Ohio allows Transfer on Death (TOD) deeds under ORC §5302.22. A TOD deed names a beneficiary who receives the real property automatically upon the owner's death — bypassing probate entirely. The beneficiary records an affidavit of survivorship and a copy of the death certificate with the county Recorder of Deeds; no probate filing is needed for the property. TOD deeds are revocable during the owner's lifetime and do not affect property rights until death. For Ohio homeowners, recording a TOD deed is one of the most effective ways to keep real estate out of probate.

No state tax on real estate transfers

Ohio's 2013 repeal of the estate tax means no state-level death tax on real property transfers. The federal stepped-up basis rule (IRC §1014) resets the heir's cost basis to fair market value at the date of death, eliminating capital gain from the decedent's lifetime appreciation. Ohio's state income tax (flat 3.5%) applies only to gains above the stepped-up basis — for most heirs who sell promptly after inheriting, little or no Ohio income tax is owed on the sale.

8 Ohio's major Probate Courts — what to know

Ohio has 88 counties, each with a dedicated Probate Court. Every court uses the same statewide Ohio Probate Court Standard Forms (Form 4.0, 5.0, 6.0, etc.), but filing fees, procedures, and timelines vary. The two courts most Ohio families encounter are Franklin County (Columbus) and Cuyahoga County (Cleveland).

9 Key Ohio probate forms

Ohio uses a standardized set of Probate Court forms numbered sequentially. The same forms are used in all 88 counties (though local cover sheets vary). Forms are available at every county Probate Court and through the Supreme Court of Ohio website. Most counties accept e-filed versions; original wills must always be physically deposited.

View all Ohio probate forms by county →

10 Ohio Probate Courts — all 88 counties

Ohio has 88 counties, each with a dedicated Probate Court that is a division of the Court of Common Pleas. Probate is filed in the county where the decedent was domiciled at death. All 88 courts use the same statewide form numbering (Form 4.0, 5.0, 6.0, etc.) — but fees, publication requirements, and procedures vary. Select your county for courthouse address, filing fees, and current designated legal publication for estate notices.

Showing all 88 Ohio counties

11 Ohio probate — frequently asked questions