This checklist is a short version of The Ohio Probate Guide for Wrongful Death Families. Print it, keep it with your papers, and check items off as you go. Each section links to the chapter that explains it. Form numbers are the Supreme Court of Ohio's standard probate forms; Montgomery County publishes its own versions and checklists on its forms page.

1. Confirm you need an estate

  • [ ] Your family wants to pursue a wrongful death claim. Ohio requires a court-appointed personal representative to bring it (R.C. 2125.02(A)), and the probate court must consent to any settlement (R.C. 2125.02(E)).
  • [ ] Plan for a full administration with an executor or administrator. A release from administration generally will not do.
  • [ ] Note the two-year wrongful death filing deadline (R.C. 2125.02(F)(1)) and see deadlines.

Read more: Do You Need to Open an Estate?

2. Choose who will serve

  • [ ] If there is a will, the named executor applies.
  • [ ] If not, the surviving spouse has first priority, then next of kin; an administrator must live in Ohio (R.C. 2113.06, 2109.21).
  • [ ] Ask relatives with equal or higher priority to sign Form 4.3, Waiver of Right to Administer.

Read more: Who Can Serve

3. Gather documents

  • [ ] Death certificate (file a copy with the Social Security number and date of birth redacted in Montgomery County)
  • [ ] Original will, if any, and a check of the court's index of deposited wills
  • [ ] Names, addresses and relationships of the spouse and all next of kin; birthdates of minors; dates of death of relatives who have died
  • [ ] A rough estimate of any property

4. File in the county where your loved one lived

  • [ ] Montgomery County Probate Court, 41 N. Perry Street, second floor, Dayton; 937-225-4640; Monday to Friday, 8:30 a.m. to 4:30 p.m.
  • [ ] Form 4.0, Application for Authority to Administer Estate, and Form 4.5, Entry Appointing Fiduciary; Letters of Authority
  • [ ] Form 1.0, Surviving Spouse, Children, Next of Kin, Legatees, and Devisees
  • [ ] Form 4.3 waivers, or Form 4.4, Notice and Citation of Hearing on Appointment of Fiduciary
  • [ ] Form 4.2, Fiduciary's Bond, if required (Montgomery County minimum $20,000 unless waived by will or excused by law)
  • [ ] Montgomery County Form 4.8, Fiduciary's Acceptance
  • [ ] If a spouse survives: Form 8.6 waiver of service, or the spousal citation forms
  • [ ] If there is a will: Form 2.0, Application to Probate Will, and notice of probate (Form 2.4 certificate due within two months of appointment)
  • [ ] Not represented? Ask about the court's Probate Resource Center, and submit papers to the Magistrate's Office for pre-approval or register to e-file.

Read more: Opening an Estate

5. After appointment

  • [ ] Get certified copies of your letters of authority.
  • [ ] Notify everyone entitled to inherit within 7 days, unless they waived or got notice of the hearing (Civ.R. 73.11(B)).
  • [ ] Open a separate estate account; never mix estate money with your own.
  • [ ] Keep your address current with the court.
  • [ ] File the inventory (Forms 6.0 and 6.1) within 3 months (R.C. 2115.02).

Read more: Bond, Notices and Fiduciary Duties

6. Calendar these dates

When What
3 months after appointment Inventory due
Before 6 months after appointment File Form 13.10, Notice to Extend Administration, or Form 13.8, Application to Extend Administration, if the estate must stay open
13 months after appointment First account (Form 13.0) or waiver; status report
Every year after Account or waiver; status report
2 years after death Wrongful death filing deadline (talk to a lawyer well before)

7. Hire a lawyer for these steps

  • [ ] Filing the wrongful death lawsuit. A non-lawyer representative may not file it for a family with more than one beneficiary.
  • [ ] The settlement application (Form 14.0) and the probate court hearing. Read more: Approving a Settlement
  • [ ] Any child's share or a beneficiary who needs a guardian. Read more: Minors and Distribution
  • [ ] Any family disagreement about who serves or how money is divided.

8. Closing

  • [ ] File Form 14.3, Report of Distribution, by the date in the court's entry.
  • [ ] File a final account (or certificate of termination, if eligible) unless the court closes the estate on the report.

Read more: Closing the Estate

This article is general information about Ohio law, not legal advice about your situation. Reading it does not create an attorney-client relationship. Deadlines and rules change; talk to a lawyer about your family's situation.