UNDERSTANDING OHIO PROBATE

How settling an estate actually works in Franklin County.

Ohio probate isn’t like the neighboring states — and Franklin County has its own procedures, deadlines and newspaper for legal notices. Here’s the real terrain, in plain English.

THE SINGLE MOST IMPORTANT THING TO UNDERSTAND

Ohio’s three estate tracks

1 · Full Administration

The complete process for most estates with a solely-owned home. The court appoints a fiduciary and issues Letters of Authority; the estate is inventoried, creditors and heirs notified, debts paid, property sold, and a final accounting filed. In Franklin County, typically nine to fourteen months — driven by Ohio's six-month creditor window, which runs from the date of death and can't be shortened.

Typically 9–14 months — driven by the six-month creditor window from date of death.

A lighter path for estates of $35,000 or less — or up to $100,000 when the surviving spouse inherits everything. Skips the formal fiduciary appointment, full inventory, and formal accounting. A modest house can push an estate over the line, which is why an early, accurate valuation matters.

A modest house can push an estate over the line — early valuation decides the track.

2 · Release from Administration

(ORC §2113.03)

The smallest, fastest path — mainly to reimburse funeral costs or a surviving spouse's allowance. Estates with a house to sell rarely qualify.

3 · Summary Release

(ORC §2113.031)

The Process - 15 Steps

Where I help = I carry this. Legal milestone = you and the attorney own it, I keep it on schedule.

01 Open the estate with the Probate Court E-filing mandatory since May 2025 — but the original will is still deposited on paper. Legal milestone

The process begins when an interested party — usually the executor named in the will, or a close family member if there is no will — files the opening application with the Franklin County Probate Court. If there is a will, the original will itself must be filed, and Ohio law requires it be filed within three years of the date of death.

Two Franklin County specifics catch people out. Estate and trust cases must be filed electronically, mandatory since May 2025. But even with e-filing, the original paper will must still be physically deposited with the court at 373 South High Street, 22nd Floor, Columbus.

Can an out-of-state family member serve?

Often yes. An administrator — appointed when there is no will — must be an Ohio resident. But an executor named in a will may serve from out of state if related to the decedent by blood, marriage, or adoption. Many Ohio courts will require a nonresident executor to post a bond or name an in-state co-executor. Your attorney will confirm what applies.

02 Appointment and Letters of Authority Executor (with a will) or administrator (without). Order several certified copies. Legal milestone

Once the application is accepted, the court appoints the estate's fiduciary — the executor named in the will, or an administrator (typically the surviving spouse or next of kin) if there is none. The court may require a bond, depending on the circumstances and what the will says.

Authority is proven by a court-issued document called Letters of Authority. This is the single most important piece of paper in the early estate: banks, title companies, and county offices will each require a certified copy before they will deal with you. The duties that come with it are real — gather and protect assets, value them, notify heirs and creditors, pay valid debts, and distribute what remains — and a fiduciary can be held personally liable for getting it badly wrong.

Where I come in

The moment Letters of Authority are issued and a home is involved, the real estate clock starts. I use that window productively — valuation, securing the property, planning the cleanout — so months aren't lost waiting.

03 List the property A free market analysis — which also confirms which estate track you're on. Where I help

Selling an estate home is not an ordinary transaction. There are multiple heirs to keep aligned, a court timeline to respect, a property that may have sat vacant, and often years of belongings to deal with.

I begin with a complete competitive market analysis — at no cost and no obligation — so you understand the home's true value. Because that number can determine which estate track applies, it's one of the most useful early steps available to you. From there the marketing goes well beyond a yard sign: professional photography, a 3D virtual tour, a dedicated single-property website, syndication across the Columbus REALTORS MLS and dozens of national sites, targeted digital advertising, and written updates to the attorney, executor, and heirs every week.

04 Inventory and appraisal A complete inventory is due within three months of appointment. Legal milestone

In a full administration, the fiduciary must file a complete inventory of the estate's assets within three months of appointment — real estate, bank accounts, investments, vehicles, and personal property, each at fair market value as of the date of death.

Errors here ripple through everything that follows. An undervalued home can draw questions from the court. Forgotten assets — a vehicle, a boat, recreational equipment — tend to surface as problems at closing.

A deadline worth putting on the calendar

If more time is needed, the court can grant an extension for good cause — but you must ask before the deadline passes, not after.

05 Notify heirs and creditors Publication runs in the Columbus Dispatch. The six-month creditor window runs from the date of death. Legal milestone

Heirs and beneficiaries must be told about the proceedings and their potential interest. Known creditors are notified directly; unknown creditors by publication in a newspaper of general circulation. Here is a current detail a generic guide would miss: as of December 12, 2025, The Daily Reporter ceased publication, and Franklin County legal notices now run in the Columbus Dispatch.

The creditor process drives the estate's timeline more than anything else. Creditors generally have six months from the date of death to present claims — and that clock runs from the date of death, not from when the estate is opened. The sooner the estate is opened, the sooner the window closes.

Why the home doesn't have to sit idle

The six-month window does not freeze the house. Marketing, showing, accepting an offer, and often closing can all proceed during this period. What waits is usually the final distribution of proceeds — not the sale itself. This is a major reason estates that engage early come out ahead.

06 Confirm authority to sell Will power · unanimous consent (§2127.011) · court-supervised action (Chapter 2127). Where I help

Whether the sale needs court approval depends on how the authority arises. In Ohio there are three paths, and they are not equal in speed or paperwork.

Power of sale in the will. If the will gives the executor authority to sell real estate, the executor can generally proceed without a separate court land-sale proceeding. This is the smoothest path.

Written consent of all heirs (ORC §2127.011). Available when every heir and beneficiary consents in writing. Two conditions apply: the sale price must be at least eighty percent of the appraised value, and this path is unavailable — with no exceptions — if any interested party is a minor or has been found incompetent. No one can give consent on a minor's behalf.

Court-supervised land sale (ORC Chapter 2127). If neither of the above applies, the fiduciary files a land-sale action asking the court to authorize the sale. This adds steps and time, and the court reviews the terms to protect the estate and its beneficiaries.

The commission detail that surprises people

In a court-supervised sale, the real estate commission must be approved by the Probate Court before the sale under ORC §2127.28 — not at closing. It needs to be built into the listing agreement from the start rather than discovered at the settlement table.

07 Clean-out and personal property Junk removal and estate-sale partners — coordinated, quoted, and overseen. Where I help

Estate properties are often full of a lifetime of belongings, and for an executor who lives out of town or is juggling a job and a family, emptying a house can feel impossible. This is one of the most stressful parts of the process — and one of the parts I handle most completely.

I assess the property and recommend what needs to happen to get it market-ready, coordinate access for service providers, and gather at least two competitive quotes for each service so decisions get made on real numbers. Once you approve, I oversee the work from start to finish — sorting, packing, hauling, and deep cleaning — and bring in estate-sale partners when there are belongings worth selling for the estate.

08 Contractors and repairs Twenty-plus years of construction judgment — spend only where it raises the price. Where I help

After the home is cleared, the question becomes how much preparation is worth doing. The art is spending only where it pays off: over-improving an estate home wastes the heirs' money, and under-preparing leaves real value on the table.

This is where my background changes the outcome. With more than twenty years of general contracting experience — residential remodels through ground-up commercial and industrial construction — I can assess condition and scope at the first walkthrough, not after a costly inspection. I don't take on the repair work for clients myself; that would be a conflict of interest, and an executor deserves an advisor whose only stake is the sale price.

09 Professional cleaning before listing I cover up to the first $500, with no repayment. Where I help

The last preparation step before the home goes live is a thorough professional cleaning. First impressions decide a great deal: a spotless home photographs better, shows better, and often sells faster and for more. This goes beyond surface cleaning — carpets, windows, and the details that make a home feel cared for rather than abandoned.

10 Pre-MLS marketing, when it fits Early or off-market interest, when speed or privacy matters more than maximum exposure. Where I help

Sometimes it makes sense to generate interest in a home before it formally hits the open market — building early demand or a sense of exclusivity. For estates that need speed, I can also explore off-market sales paired with a fair quick-sale valuation, so the estate still gets a reasonable price.

Most estates do best with full market exposure to reach top dollar — but not all. Some face deadlines, difficult property conditions, or heirs who simply want a fast, clean resolution. The approach should fit the estate's real goals rather than forcing every property down the same path.

11 List and negotiate the contract Documented negotiation, with the estate's interests first. Where I help

When the home goes on the market, the full marketing engine runs: MLS and broad syndication, professional media, digital advertising, and active outreach.

Estate sales carry their own wrinkles. The timeline may need to track the probate process, certain contingencies may be needed, and the fiduciary must be able to show that the sale serves all the beneficiaries fairly. I negotiate carefully and document everything in writing, so the executor has a clear record of why a given offer was accepted — which matters if a beneficiary questions it later.

12 Sale approval and closing Remote closings for out-of-state fiduciaries — settle from anywhere. Where I help

With a signed contract in hand, the transaction moves toward closing. If the sale required court authorization, that approval is confirmed; the title company prepares the deed and settlement documents. I coordinate with the attorney, the title company, and the buyer's side to keep every detail on track.

Remote closings are a real strength here. Many executors don't live in Columbus — sometimes not even in Ohio. Between mobile notaries, electronic documents, and coordination on this end, an executor can settle the estate's largest asset from wherever they are, without setting foot in the property.

13 Pay debts and taxes Good news for Ohio estates: no state estate tax since 2013. Legal milestone

Before anything is distributed to heirs, the estate's valid debts and taxes must be settled. The fiduciary reviews each creditor claim and determines whether it is legitimate — not every claim is, and a fiduciary can and sometimes should contest an inflated or unsupported one.

One piece of genuinely good news for Ohio estates: there is no Ohio estate tax. It was repealed effective January 1, 2013. There may still be a final personal income tax return for the year of death, and very large estates can face federal estate tax. I'm not an attorney or a tax advisor and I don't handle this step — what I do is connect you with trusted probate attorneys and tax professionals who do.

14 Distribution of proceeds After debts, taxes, and the creditor window — per the will or Ohio intestacy law. Legal milestone

Once debts, taxes, and expenses are paid — and once the six-month creditor period has run — the remaining proceeds are distributed to the heirs or beneficiaries according to the will, or under Ohio's intestacy law if there is no will. The fiduciary is responsible for getting this right; mistakes here can spark disputes or personal liability.

For executors managing an estate from a distance, I coordinate with the attorney, title company, and accountant so the distribution happens cleanly and on schedule.

15 Final accounting and closing the estate The court approves the accounting and issues the certificate that closes the estate. Legal milestone

The last formal step in a full administration is the fiduciary's final accounting to the Probate Court — a complete record of what came in, what went out, and what was distributed. Beneficiaries are given notice and an opportunity to review it. Once the court approves the accounting, it issues a certificate that officially closes the estate and discharges the fiduciary from further duty.

This is the moment the weight finally lifts. The estate is settled, the home is sold, the heirs have received their inheritance, and the responsibility you carried is complete.

Not sure which track you’re on?

For most estates, the home's value decides the answer — which is why a free, accurate market analysis is the most useful first step you can take. One conversation is usually enough to tell you where you stand, what the property is worth, and what the path ahead looks like.