Opening an Ohio Estate for a Wrongful Death Claim, Step by Step

Filling out court forms while you are grieving is hard. The good news is that opening an Ohio estate follows a predictable path with statewide forms. This chapter walks through it in order, using the Montgomery County Probate Court in Dayton as the example.

Before you start, decide who will serve. Who Can Serve explains the priority and residency rules.

Step 1: Gather what you will need

Collect these before you fill out anything:

• The death certificate. Montgomery County requires a copy with every new estate, with the Social Security number and date of birth blacked out, and an affidavit if the certificate lists the wrong county of residence (Mont. Co. P.C.R. 78.2(C)). Our guide chapter on the first weeks covers ordering certified copies.
• The original will, if there is one. Look at home, in a safe deposit box, and with any lawyer your loved one used. Ohio's rules require a check of the probate court's index of wills deposited for safekeeping before you apply (Civ.R. 73.10(A)), and Montgomery County requires the original will to be filed (Mont. Co. P.C.R. 78.2(B)). Do not sit on a will: Ohio law penalizes a beneficiary who, without reasonable cause, keeps a known will from being offered for probate for a year after the death (R.C. 2107.10(A)).
• A family list with addresses. You must list the surviving spouse and all next of kin you know of, with their usual addresses (R.C. 2113.07). Montgomery County asks you to walk through Ohio's inheritance order step by step, give the date of death of relatives who have died, note who is a minor and give minors' birthdates, and list a minor under 16 "in care of" the parent or custodian. If you cannot find someone after a real search, the court requires an Affidavit for Search of Address (Mont. Co. P.C.F. 110).
• A rough estimate of property. The application asks for the estimated value of personal property, annual real estate rents and real estate (Form 4.0). For a wrongful death estate, this may be little or nothing. Estimate honestly; the formal inventory comes later.

Step 2: File in the right county

An estate for an Ohio resident who died without a will is opened in the probate court of the county where the person lived at death (R.C. 2113.01). A will is admitted in the county where the person was domiciled (R.C. 2107.11(A)(1)). It does not matter where the death happened. If your loved one lived outside Ohio, talk with a lawyer before filing anything.

Montgomery County Probate Court (official site: mcohio.org/388/Probate-Court)

• 41 N. Perry Street, second floor, Dayton
• Monday to Friday, 8:30 a.m. to 4:30 p.m.
• Main number: 937-225-4640

Families in other counties file with that county's probate court, which uses the same statewide forms but may add its own forms and rules.

Step 3: Get the forms

The Supreme Court of Ohio publishes the standard probate forms for all Ohio probate courts (Civ.R. 73.2) on its probate forms page. Montgomery County posts its versions, local forms and checklists on its forms page; use those and follow the checklist for your type of case.

If there is no will (Montgomery County checklist, "Full Estate Administration-Intestate")

• Copy of the death certificate, with identifiers redacted
• Form 4.0, Application for Authority to Administer Estate, with Form 4.5, Entry Appointing Fiduciary; Letters of Authority
• Form 1.0, Surviving Spouse, Children, Next of Kin, Legatees, and Devisees
• Form 4.3, Waiver of Right to Administer, signed by relatives with equal or higher priority who agree you should serve
• Form 4.4, Notice and Citation of Hearing on Appointment of Fiduciary, for anyone with priority who has not waived
• Form 4.2, Fiduciary's Bond, if bond is required (see Bond, Notices and Fiduciary Duties)
• Montgomery County Form 4.8, Fiduciary's Acceptance. Every executor and administrator must sign an acceptance before letters issue (R.C. 2109.02; Mont. Co. P.C.R. 60.1(B)).
• If there is a surviving spouse, either Form 8.6, Waiver of Service to Surviving Spouse of the Citation to Elect, or the citation packet the court serves on the spouse (Form 8.0, Citation to Surviving Spouse to Exercise Elective Rights, with Form 8.3, Summary of General Rights of Surviving Spouse, and the Form 8.4 certificate). Montgomery County requires one or the other even with no will and even when the spouse applies.

If there is a will (Montgomery County checklist, "Full Estate Administration-Testate")

Start by filing the original will. Montgomery County then assigns a case number for the rest of the filings. In addition to the items above, you will use:

• Form 2.0, Application to Probate Will
• Form 2.1, Waiver of Notice of Probate of Will, for relatives and beneficiaries who waive
• Form 2.2, Notice of Probate of Will, served on anyone who does not waive, only after the judge has admitted the will
• Form 2.4, Certificate of Service of Notice of Probate of Will, which must be filed within two months of appointment (Civ.R. 73.10(B))

If the will names you as executor, your title is "Executor." If it does not, you will be "Administrator WWA" (with will annexed).

Step 4: File the papers

In Montgomery County, lawyers file electronically. According to the court's FAQ, if you have no lawyer you submit your paperwork to the Magistrate's Office for pre-approval and then file the paper copy with the clerk, or you register for an e-filing account. Without a lawyer, every filing must show the fiduciary's name, address and telephone number (Civ.R. 73.8(B)).

The FAQ says you do not need a lawyer to file, though the court strongly recommends one. The court's Probate Resource Center, on the same floor, lets community members meet with a licensed attorney; its page lists help with "Full Administration-Initial filing only," with hours posted on the court's site.

Costs. Ohio's rules allow each court to require a deposit for court costs set by local rule (Civ.R. 73.9). Montgomery County's posted deposit chart (effective April 1, 2019, read October 13, 2026) says the estimated costs for a full administration "will be stated to you as you eFile." Check the court's fees page or call the court before you file.

Step 5: The hearing, if one is needed

Montgomery County's checklist treats a fully waived application differently from one where waivers are missing: when every next of kin has signed a waiver, the proposed entry appointing you (Form 4.5) can be filed with the application. If anyone did not waive, the court sets a hearing and that person must receive notice at least seven days before it (Civ.R. 73.11(A); Form 4.4). If someone objects to you serving, consider pausing to talk with a lawyer.

Step 6: Receive your letters of authority

When the judge signs the entry appointing you, that entry is your letters of authority (Form 4.5), and the court's certificate on the form shows you are the qualified, acting fiduciary. Ask for several certified copies; a bank, an insurer and the family's lawyer may each want one. Nothing you do as executor or administrator is valid before letters issue (R.C. 2109.02).

Step 7: Right after appointment

Some duties start immediately:

• An administrator must notify everyone entitled to inherit within seven days of appointment, unless they already received notice of the hearing or waived it (Civ.R. 73.11(B)).
• The court serves the surviving spouse with the spousal citation and summary of rights. Montgomery County's local rule sets 14 days after appointment for this (Mont. Co. P.C.R. 60.1(A)(5)).
• If there is a will, serve the notice of probate of will on anyone who did not waive and file Form 2.4 within two months.
• Open a separate estate account if money will come into the estate. Montgomery County's acceptance form requires you to keep estate funds separate from your own.
• Put the inventory deadline (three months) on your calendar.

Bond, Notices and Fiduciary Duties explains each of these. A one-page version of this whole process is in the self-help checklist.

Common questions