Probating a Last Will and Testament in Ohio

What Happens When Someone in Ohio Dies With a Last Will and Testament?

Two weeks ago, I wrote about the probate process when someone dies intestate, or without a Will. This post covers the probate process when someone dies testate, or with a Will.

What does a Will do?

People use a Last Will and Testament to appoint the Executor of their estate, a Guardian for any children under age 18, and to tell the Executor how to distribute probate assets, pay debts and estate taxes and, sometimes, burial preferences.

The probate estate, which is made up of all of the assets owned solely in the decedent’s name, are distributed according to the Will. The probate estate does NOT include assets which may have a beneficiary designation, such as life insurance policies. Finding the Will, therefore, is critically important.

Where should a Will be kept?

If you are handling the affairs of a family member or close friend who recently passed away, look for the Will in the person’s home where he or she stored important papers. It might be in a lock box, a fireproof safe, or a folder with other important documents like bank statements, or insurance policies.

You may also check with the person’s estate planning attorney. I advise my clients to leave a copy of their Will with me, and to also keep a copy in a safe place at home.

I recommend against keeping a Will in a safe deposit box, because the Executor will not be able access the safe deposit box until he or she has been appointed Executor, and he or she cannot be appointed Executor without the Will. However, if you are unable to locate the Will, it might be worthwhile to see if the person had a safe deposit box at a bank. There is a procedure to gain access to the box, which is somewhat more complicated.

Sometimes people file their Will with the probate court of the county where they live. If your search for a Will has been unsuccessful, you might check the probate court of the county where the decedent lived. You will need to provide the decedent’s full name, and ask if there is a Will on file.

Where do I get a copy of the Death Certificate?

You will need a certified copy of the Death Certificate, which can be obtained from the Ohio Department of Health for $21.50, or from the county where the person died. For example, the City of Columbus Public Health Department issues Death Certificates for people who died in Columbus. Also, the funeral director can order them for you, but sometimes they add a premium to the price.

What documents do I need from the probate court?

You can obtain paper documents in person at the probate court, or electronic versions from their website. However, you will not need the forms if you are using an attorney, who will prepare them for you. It is recommended that you hire an attorney for any legal proceeding in the probate court.

You should also become familiar with the court's fee schedule. Almost every time you file a document with the probate court, there will be a fee involved.

What is a Notice of Probate of Will and a Certificate of Notice of Probate of Will?

In most cases, the decedent’s heirs or beneficiaries must receive formal notice that the person died and that their Will is being admitted to probate. Usually, the Executor can have all of the person's heirs sign a Waiver of Notice of Probate, which acknowledges that the Will is being admitted to probate and indicates they are not contesting the probate hearing or the appointment of the Executor. However, if an heir is unwilling or unable to sign the waiver, you will need to prove to the probate court that the heir was properly notified.

For any heir who is unwilling or unable to sign the Waiver of Notice of Probate, you must complete a Notice of Probate and formally serve the heir with notice. This can be accomplished through certified mail or through a process server. The court will require proof of service, in the form of either a certified mail receipt or an affidavit of a process server, if you choose to use one.

What must be filed with the probate court?

Your attorney will complete and file the Application to Probate Will, which includes the decedent’s name, date of birth, residence, date and place of death, the name and residence of the Executor, and the full names and addresses of all of the decedent’s heirs.

The Court requires a Certified Copy of the Death Certificate, an original signed Will, the signed Waivers of Notice of Probate and any Notice of Probate, along with proof that they were properly served.

Consult the fee schedule to determine the filing fee for an Application to Probate a Will and any additional documents you are filing, like the Waivers of Notice of Probate or the Proof of Service of Notice of Probate.

The court will appoint the Executor named in the Will, and will issue Letters of Authority. These Letters tell people and businesses that the Executor is authorized to act on behalf of the estate.

Have questions?

Probating a Will is not a simple process. If you have questions about how to probate a Will in Columbus, contact us today at Wolfe Legal Services. I work with people throughout the greater Columbus area, including Dublin, Bexley, Upper Arlington, Marysville, Hilliard, Delaware and Newark, and throughout Franklin County, Delaware County, Union, and Licking County. Call (614) 263-5297 any time or complete our online form.