How long does Ohio probate take?

No statute sets a total; the clocks are the executor's inventory within three months of appointment (R.C. 2115.02), the creditors' six months from the death (R.C. 2117.06), the Medicaid notice within thirty days and the program's claim within the later of ninety days or one year (R.C. 2117.061), the spouse's election within five months of the initial appointment (R.C. 2106.01(E)), the will contest within three months of the certificate of notice (R.C. 2107.76), and the final account within thirty days after completing the administration (R.C. 2109.301). An estate with a dispute or a tax return takes longer.

Who files the will, and where?

The probate court of the county admits the will on its face or on the witnesses' testimony (R.C. 2107.18); a will may be deposited with the probate judge during the testator's life for a $25 fee and is not a public record until an application to probate it (R.C. 2107.07); the executor or administrator then files the inventory within three months (R.C. 2115.02), gives the Medicaid notice where it applies (R.C. 2117.061) and accounts to the court (R.C. 2109.301).

Ohio Probate, Explained

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What is probate?

Probate is the court process that settles a deceased person's estate — admitting any will, appointing an executor or administrator, paying valid claims and expenses, and distributing what remains to the heirs or devisees. In Ohio the probate division of the court of common pleas of the county hears it (R.C. 2101.24), and the will is admitted on its face or on the witnesses' testimony (R.C. 2107.18). Assets that pass another way (a funded Trust, beneficiary designations, a transfer on death designation affidavit, property held with right of survivorship) generally skip probate.

The main types of Ohio probate

Admission of the will and the fiduciary's appointment

After the death, the will is offered to the probate court, which admits it if its execution complies with the law (R.C. 2107.18) and grants letters to the executor the will names or to an administrator; the fiduciary files an inventory of the Ohio real property and the personal property to be administered within three months of appointment, at date-of-death values (R.C. 2115.02).

Full administration, release from administration and the estate's clocks

A full administration runs on the court's clocks: every creditor presents its claim within six months of the death (R.C. 2117.06); the Medicaid estate recovery notice goes to the program within thirty days of the letters where the decedent or the spouse received Medicaid (R.C. 2117.061); the surviving spouse elects within five months of the initial appointment (R.C. 2106.01); the fiduciary accounts to the court — a final and distributive account within six months, or an account within thirteen months and yearly thereafter (R.C. 2109.301). A trust itself is administered without court involvement unless an interested person invokes the court (R.C. 5802.01); the probate division has concurrent jurisdiction over an inter vivos trust (R.C. 5802.03).

Small estates

An estate of $35,000 or less, or $100,000 or less where the surviving spouse takes everything by will or intestacy, may be released from administration on an application, the court directing delivery of the property to the persons entitled (R.C. 2113.03); where the assets do not exceed the lesser of $5,000 or the funeral and burial expenses the applicant paid, or the spouse's allowance plus up to $5,000 of those expenses, a summary release is available (R.C. 2113.031).

What happens in a Ohio probate

Offer the will to the probate court of the county, which admits it on its face or on the witnesses' testimony (R.C. 2107.18); a will deposited with the probate judge during the testator's life is retrieved there (R.C. 2107.07).
At appointment, give the Medicaid estate recovery notice within thirty days where it applies (R.C. 2117.061) and watch the creditors' six months from the death — every claim is presented in a writing to the fiduciary, the attorney of record or the court, or is barred (R.C. 2117.06).
Within three months after the appointment, file the inventory of the Ohio real property and the personal property to be administered, at values as of the date of death (R.C. 2115.02).
Allow or reject each claim within thirty days of its presentation (R.C. 2117.06(D)); pay the valid claims, taxes and administration expenses; the $40,000 allowance for support comes first (R.C. 2106.13), and the surviving spouse's election is made within five months of the initial appointment (R.C. 2106.01).
Distribute what remains and account to the court: a final and distributive account within six months where the statute's conditions allow, otherwise an account within thirteen months and yearly thereafter, and a final account within thirty days after completing the administration (R.C. 2109.301).

Can you avoid probate in Ohio?

Often, in part — a funded revocable living Trust, beneficiary or pay-on-death designations, a recorded transfer on death designation affidavit (R.C. 5302.22) and property held with a right of survivorship generally pass outside probate, and a small estate may be released from administration (R.C. 2113.03). What works depends on how each asset is titled. This page is general information, not legal advice; a free role check can show you where you stand, and a Ohio attorney can advise on your estate.

General information about Ohio law, not legal advice.

Frequently asked questions

How long does Ohio probate take?: No statute sets a total; the clocks are the executor's inventory within three months of appointment (R.C. 2115.02), the creditors' six months from the death (R.C. 2117.06), the Medicaid notice within thirty days and the program's claim within the later of ninety days or one year (R.C. 2117.061), the spouse's election within five months of the initial appointment (R.C. 2106.01(E)), the will contest within three months of the certificate of notice (R.C. 2107.76), and the final account within thirty days after completing the administration (R.C. 2109.301). An estate with a dispute or a tax return takes longer.
Is there a small-estate procedure in Ohio?: Two: an estate may be released from administration where its assets are $35,000 or less, or $100,000 or less and the surviving spouse takes everything (R.C. 2113.03); and a summary release from administration is available where the assets do not exceed the lesser of $5,000 or the funeral and burial expenses paid by the applicant, or, for a surviving spouse, the allowance for support plus up to $5,000 of funeral expenses (R.C. 2113.031). Each has its own conditions and the Supreme Court's standard forms.
Who files the will, and where?: The probate court of the county admits the will on its face or on the witnesses' testimony (R.C. 2107.18); a will may be deposited with the probate judge during the testator's life for a $25 fee and is not a public record until an application to probate it (R.C. 2107.07); the executor or administrator then files the inventory within three months (R.C. 2115.02), gives the Medicaid notice where it applies (R.C. 2117.061) and accounts to the court (R.C. 2109.301).

General information about Ohio law, not legal advice.