Ohio law establishes specific procedures for the probate of a will. Probate is the legal process through which the wishes of a deceased individual in her will are carried out under the supervision of an Ohio court. The probate process commences when either the person designated as the executor in the will or another interested party (an heir named in the will or a family member) files a petition for probate of will and appointment of executor with the probate court.
Obtain the original last will and testament. Ohio law requires the filing of the original will with the probate court.
Request a standard form petition for probate of will and appointment of executor. The clerk of the probate court typically maintains standard forms for use by individuals not represented by legal counsel.
Complete the petition for probate of will and appointment of executor. Key elements of the document include the name and date of death of the deceased. Additionally, a listing of the names and last known addresses of all heirs named in the will is included in the petition. Finally, list the name of the person the will nominates as executor of the estate. The executor is the individual that oversees the affairs of the estate on a day to day basis.
File the petition together with the original will with the court clerk.
Obtain a hearing date from either the clerk of the court or the administrative assistant to the judge assigned the case.
Notify all of the heirs named in the will of the date and time of the hearing.
Obtain from the court clerk a standard form legal notice to creditors for publication in the local newspaper. Ohio law requires that before the hearing to admit a will to probate and to appoint an executor, legal notice of the proceedings be published in a newspaper of local circulation.
Attend the hearing and request the court admit the will to probate and appoint the individual named by the decedent in the will the executor of the estate.