The funeral is over, the relatives have gone home, and now you're staring at a pile of documents wondering how on earth you're supposed to handle your loved one’s entire financial life and what they left behind.
That’s where probate enters the picture. Like many other legal terms being thrown around at this point, “probate” might seem confusing and intimidating. But we’re here to explain in plain English what probate is and what’s involved in this process.
If you lost your loved one and need guidance with probate in Ohio, contact the Law Offices of Miller & Miller, P.C. We have helped thousands of clients effectively administer their loved one's estates and get peace of mind. Call 313-386-1400 for a case review.
What Is Probate?
Think of probate as the legal process of "settling someone's affairs" after they pass away. It's how we make sure their bills get paid and their stuff (property, assets, belongings, money) goes to the right people.
Here's the deal—probate isn't always necessary. But in Ohio, you'll likely need to go through probate if your loved one:
- Owned things solely in their own name
- Didn't have beneficiaries named on their accounts
- Didn't have a trust set up
If your loved one left behind a will, probate will follow its instructions. No will? Ohio’s laws of intestate succession step in to decide who inherits what.
Steps of the Probate Process in Ohio
Probate in Ohio isn’t a one-and-done event. Rather, it’s a series of steps, each with its own purpose.
1. Getting Started: Filing the Initial Paperwork
In Ohio, everything kicks off when someone (usually the person named in the will or a close family member) files an application with the probate court in the county where your loved one lived.
You'll need to bring:
- The original will (if there is one)
- A death certificate
- A list of what assets and debts exist
- Names and addresses of all the beneficiaries or next of kin
There's a filing fee that varies depending on which county you're in—typically around $200-$300. Think of it as the "cover charge" to start the probate process.
2. Appointment of an Executor or Administrator
The court will give someone the legal authority to handle the estate. If there's a will, this person is called the "executor" (usually named in the will). If there's no will, they're called an "administrator" (typically a spouse or adult child).
The court gives this person "Letters of Authority"—an official document giving them authority to “fully administer the decedent's estate.”
3. Listing All the Assets
Within three months, the executor needs to file a complete list of everything the deceased owned that's subject to probate according to Ohio Revised Code § 2115.02. This includes:
- Houses and land
- Bank accounts
- Investments
- Cars
- Valuable personal items
- Business interests
Each item needs a value attached to it—what it was worth on the day your loved one passed away. For real estate or valuable collectibles, you might need a professional appraiser.
4. Notification of Creditors
The executor has to notify anyone your loved one owed money to. This means sending direct notices to known creditors and publishing a notice in the local newspaper for anyone else who might have claims.
Creditors generally have six months from the date of death to submit their claims according to Ohio Revised Code § 2117.06. The executor then reviews these claims and pays the legitimate ones using money from the estate.
Common bills include:
- Medical expenses
- Credit card balances
- Loans
- Utility bills
- Funeral costs
Note: These bills must be paid before family members receive their inheritance. It doesn’t always seem fair, but it's part of tying up loose ends.
5. Filing Returns
The executor needs to file:
- A final personal tax return for your loved one
- Federal estate tax return (but only if the estate is worth more than $13,990,000 for deaths in 2025, according to the Internal Revenue Service (IRS))
- Income tax returns for any money the estate earned during probate
The good news? Ohio eliminated its estate tax back in 2013, so that's one less form to worry about.
6. Distributing the Assets
After all the bills, taxes, and expenses are paid, what's left can finally go to the beneficiaries. This follows either:
- The instructions in the will; or
- Ohio's intestacy laws (Ohio Revised Code § 2105.06) if there wasn't a will.
Before making distributions, the executor typically prepares a final accounting showing all the money that came in, all the expenses paid, and who gets what. Think of it as the "final receipt" for the estate.
7. Wrapping Things Up: Final Accounting and Closing
The last step is filing that final accounting with the court that must be prepared in accordance with Ohio Revised Code § 2109.301. Once approved, the court issues an order closing the estate and releasing the executor from further responsibilities.
How Long Does Probate Take?
In Ohio, probate isn’t quick, but it’s not forever either.
Even a straightforward probate typically takes between six and 12 months. That's partly because the law gives creditors six months to make claims. More complicated situations can stretch to one year or longer.
Also, keep in mind that not every estate in Ohio needs the full probate treatment. Simplified probate processes exist for estates that don’t exceed $35,000 (“release from administration”) or $40,000 plus up to $5,000 in funeral/burial costs (“summary release from administration”). These processes aren't “avoiding” probate entirely, but it’s close enough to save you time and stress.
Need Help With a Loved One’s Probate?
While this guide gives you the basics of Ohio probate, every family's situation is unique.
Getting advice specific to your circumstances isn't just helpful—it can save you time, money, and a lot of headaches during an already difficult time.
At the Law Offices of Miller & Miller, P.C., we’ve guided Ohio families through probate for decades. And now we can help you. Whether it’s filing paperwork for probate, sorting out probate matters, or planning to avoid probate down the line, we’re here to support you on your path to closure. Call 313-386-1400 or fill out our contact form to get started.