The Ohio Probate Guide for Wrongful Death Families

When someone you love dies because of another person's carelessness, the last thing you want to think about is a courthouse form. Yet one of the first practical questions families face is about probate: do we need to open an estate, and how do we do it?

We wrote this guide to answer that question plainly. It explains why a wrongful death claim in Ohio almost always needs a probate estate, even when your loved one left no property, and it walks through the steps a family can take on its own to open the estate and get someone appointed. It is also honest about the points where a lawyer matters.

The short answer

Yes, in nearly every case. Ohio requires a wrongful death action to be brought by the personal representative of the person who died, meaning an executor or administrator appointed by the probate court (R.C. 2125.02(A)). The same court must consent to any settlement (R.C. 2125.02(E)) and oversees how the money is divided among the family (R.C. 2125.03). A small-estate "release from administration" is designed to transfer property and generally does not provide that authority.

What you can do yourself, and what needs a lawyer

Many families can handle these steps on their own:

• Deciding who will serve and collecting waivers from other relatives
• Gathering the death certificate, the will (if any) and the family list
• Filing the application and getting appointed
• Keeping the estate in good standing with the court

The Montgomery County Probate Court says you do not need a lawyer to file there, while strongly recommending one, and it offers a Probate Resource Center where community members can meet with a licensed attorney about initial filings.

These steps call for a lawyer:

• The wrongful death claim itself. Ohio courts have held that a non-lawyer representative may not file the lawsuit for a family when more than one person shares in the claim.
• The probate court's approval of a settlement and the division among family members
• Any child's share, or a family member who needs a guardian
• Any disagreement in the family about who should serve or how money is divided

The chapters

1. Do You Need to Open an Estate? Why the claim needs a personal representative, the difference between wrongful death and survival money, and why a release from administration usually is not enough.
2. Who Can Serve Executors and administrators, priority, Ohio residency rules, and waivers.
3. Opening an Estate Step by step, with the standard forms and Montgomery County specifics.
4. Bond, Notices and Fiduciary Duties The bond, required notices, keeping estate money separate, creditor claims and the inventory.
5. Approving a Wrongful Death Settlement The application, notice to family, the hearing, attorney fees and the report of distribution.
6. Minors and Distribution How a child's share is protected, including restricted accounts, guardianships and trusts.
7. Closing the Estate Extending administration while the case is pending, accounts, and closing.
8. Self-Help Checklist A one-page, printable list of every step.

For the wrongful death claim itself, including who the beneficiaries are, deadlines and damages, see our companion Ohio Wrongful Death Guide.

A note about rule numbers

On July 1, 2026, the Supreme Court of Ohio moved the probate court rules out of the Rules of Superintendence and into the Ohio Rules of Civil Procedure, as Civ.R. 73.1 through 73.29. The rule on wrongful death settlements, long known as "Sup.R. 70," is now Civ.R. 73.20. This guide uses the new numbers. Older articles, some court forms and some local rules still use the old ones.

Our local example

We use the Montgomery County Probate Court in Dayton as the example throughout, because it is the probate court for Dayton and most of the surrounding communities. Its official site is mcohio.org/388/Probate-Court. If your loved one lived in another county, the estate is opened in that county's probate court. Ohio's standard forms are the same statewide, but local rules and forms differ, so check that court's website.