NOTE:  These instructions are intended as a guideline only and should not be relied upon as a comprehensive list of duties in the  administration of an estate. Remember to fill out the County Name (Adams) and the Division of the Court (Probate). The name of the Judge to be used on the forms is Brett M. Spencer. The name of the Magistrate to be used on the forms is David M. Hunter. All forms should be typewritten or legibly printed. 

The Clerks and the Court CANNOT provide any legal advice. All links to the Supreme Court Forms link to the main page on the Supreme Court website - not to the individual forms. 

The Court may require additional forms or information based upon the facts and circumstances of each case. Unless appointed in the will, the applicant must be a resident of the State of Ohio.

Any report from an appraiser must be typed or computer generated. The attorney/Fiduciary is responsible for ensuring that the total valuation is calculated correctly. 

Intestate Estates require additional filings to sell real estate or personal property. These filings vary between a motion or a complaint based upon whether all consents have been obtained. 

Initial Filing  

• Form AC-001 - Notice of Appearance (Word | PDF) Required for Attorneys and any party not represented by an attorney

• Form AC-002 - Waiver of Counsel (Word | PDF) Required for any party not  represented by an attorney

• If the decedent created a will, the original will. Check with the Probate Clerk to see if there is a will on file.

• Certified copy of death certificate. 

• Receipt of paid funeral bill or, if not available, the funeral bill. The receipt or funeral bill should indicate who paid the bill and the amount paid or who is the person responsible for payment. 

• Title(s) of automobile(s), bank account numbers, and stock certificate numbers in the estate. 

• Standard Probate Form 1.0: Surviving Spouse, Children, Next of Kin, Legatees, and Devisees - List of Surviving Spouse, Next of Kin, Legatees & Devisees (1.0) - On Form 1.0, list all next of kin (those people who are or would be entitled to inherit if there were no will) on the front. List those people named in the will, if there is one, on Page 2 of Form 1.0. - Be sure to specify complete addresses of all listed. - List all children of the decedent on the front of the form even if the entire estate will go to the surviving spouse.  If an heir is deceased and had children, be sure to list the relationship of the child to the sppecific deceased heir. 

• Form AC-400  Affidavit of One and the Same (Word | PDF). Required if any person designated in the will or the Form 1.0 has any variance in their current name. 

If there is a will

1. Standard Probate Form 2.0 Application to Probate Will  - Application to Probate Will 

2. Standard Probate Form 2.1 Waiver of Notice of Probate of Will  - Waiver of Notice of Probate of Will. All parties who are listed on the front and back of Form 1.0 are entitled to be notified of the probate of the will. You must either obtain a waiver from each individual (Form 2.1) or perfect certified mail notice (2.2) on each individual. If certified mail notice is used, present certified mail return (green card) and a copy of the notice that was sent to each individual to the court.

3. Standard Probate Form 2.3 Entry Admitting Will to Probate

   • Fill in the name of the decedent only

4. Standard Probate Form 2.4 Certificate of Service of Notice of Probate of Will  - Certification of Service of Notice of Probate of Will. Filed after all waivers and/or certified mail notices of probate of will have been obtained - within 2 months of admitting will to probate or applicant and attorney will be cited to appear. NOTE: Any will contest must be filed within 3 months pursuant to R.C. 2107.71, 2107.76. There is no form.  

All cases

1. Standard Probate Form 4.0 - Application for Authority to Administer Estate. Applicant must estimate the value of the estate. If applicant owes the estate or is owed by the estate, the applicant must report this. Any claim that the applicant has against the estate must be filed within three months of appointment.

2. Standard Probate Form 4.1- Supplemental Application for Ancillary Administration (if applicable)

3. Standard Probate Form 4.2- Fiduciary's Bond. Required in Estates with property in excess of $5,000.00 unless waived by the Will. 

4. Standard Probate Form 4.3 -Waiver of Right to Administer Estate. All next of kin and the surviving spouse - everyone on the front of form 1.0 - must waive their right to administer estate if the person applying is not the person nominated in the will.

5. Standard Probate Form 4.4 - Notice and Citation of Hearing on Appointment of Fiduciary - If the applicant was not appointed by the will to be executor, those next of kin and surviving spouse who have not waived their right to administer must be sent certified mail notice. The Court will obtain a date but the fiduciary is responsible for sending the notice. 

   • Form AC-416 - Required Attachment to Hearing Notice for Estate Administration Hearings ( Word | PDF ) must be sent to heirs with any hearing notice. Proof must be provided that this form was sent. 

6. Standard Probate Form 4.5 - Entry Appointing Fiduciary; Letters of Authority 

7. Form AC-422 - Fiduciary's Acceptance - Estate (Word | PDF) Note: The Court will hold applicant responsible for the duties described on the form.

Inventory (must be filed within 90 days)

1. Standard Probate Form 3.0 - Appointment of Appraiser. Must stil be filed even if using the auditor's appraised value. 

2. Standard Probate Form 6.0 - Inventory and Appraisal 

• Fiduciary must list values of assets in the estate. Get appraiser’s values for assets which are not readily ascertainable.

• All real estate must be appraised.

• Tangible personal property that has an aggregate value of $5,000 or more must be appraised. 

• Court determines a hearing date.

3. Standard Probate Form 6.1 - Schedule of Assets 

   • Specifically list each asset of the decedent’s estate.

   • Description should include bank account numbers, serial numbers, stock certificate numbers, and book, plat & parcel numbers for real estate.

4. Standard Probate Form 6.2 - Waiver of Notice of Hearing on Inventory. 

   • Filed before approval of inventory. Served by ordinary mail on all parties ordered by court unless waived

5. Form AC-444 Certificate of Service of Notice (Word | PDF)

   • Filed by Attorney / Fiduciary 

6. Standard Probate Form 6.3 - Notice of Hearing on Inventory 

   • All parties who are listed on the front and back of Form 1.0 are entitled to be notified of the hearing on the inventory. You must either obtain a waiver from each individual (6.2) or perfect notice (6.3) on each individual.

   • Notice may be served by ordinary mail or by personally delivering a copy of the notice to the person entitled to receive it. An “Affidavit of Service” shall be filed.

   • Notice must be given no less than five (5) days prior to hearing.

7. Attorneys must file a fee agreement with the Court.

MEDICAID REIMBURSEMENT

7. • Standard Probate Form 7.0 - Certification of Notice to Administrator of Medicaid Estate Recovery Program

   • Standard Probate Form 7.0(A) - Notice to Administrator of Medicaid Estate Recovery

Election of Spouse [R.C. 2106.01]

To be filed Anytime after death of decedent but not later than one month after service of citation to elect If date of death is on or after 1/1/2002 Surviving Spouse must exercise spousal rights within 5 months from date of service or those rights are waived. The Surviving Spouse must appear at Court when electing to take against the will. 

Citation to Elect is sent out by the Court to the Surviving Spouse by certified mail after the inventory is filed.

• If date of death is on or after 1/1/2002 Citation to Surviving Spouse to Exercise Elective Rights and Summary of General Rights of Surviving Spouse are sent out by the Court to the Surviving Spouse by certified mail after the fiduciary is appointed.

• Form 8.6 Waiver of Service to Surviving Spouse of the Citation to Elect must be filed at the time of issuing of the letters of authority to dispense with the serving of the citation

Standard Probate Form 8.1 - Election of Surviving Spouse to Take Under Will 

Standard Probate Form 8.2 - Election of Surviving Spouse to Take Against Will

Will Contest

1. Attorney assistance is recommended. There is no form. The Court CANNOT provide legal advice.

2. For dates of death on or after 1/1/2002, must be filed  within three months of filing of Certificate of Service of Notice of Probate of Will

Fiduciary's Account

1. Standard Probate Form 13.0 

   • Fiduciary must complete an exact accounting of all transactions that have occurred during pending estate administration

   • Account will be left with the Court to be reviewed. Canceled checks, bank statements, titles to personal property, closing statements, and other supporting documentation are to be provided with the account.

   • For dates of death on or after 1/1/2002 a Final and Distributive Account must be filed within 6 months after the appointment of fiduciary, unless a statutory condition is met or an extension is granted.

   • A Binder is required if the account has multiple pages of receipts and/or disbursements. All Receipts and disbursements must be flagged and match the voucher numbers on the Form 13.1

2. Standard Probate Form 13.1 Receipts and Disbursements 

   • Specifically list receipts and disbursements of decedent’s estate. Voucher numbers must be used.

3. Standard Probate Form 13.2 Assets Remaining in Fiduciary’s Hands 

   • Complete form if filing a partial account. Specifically describe those assets of decedent’s estate remaining in fiduciary’s hands

4. Standard Probate Form 13.8 Application to Extend Administration

5. Standard Probate Form 13.9 Certification of Service of Account to Heirs and Beneficiaries 

   • Must be signed by fiduciary.

   • Does not eliminate filing of waivers or notice of hearing on account for final accounts.

6. Standard Probate Form 13.10  Notice to Extend Administration 

7. Standard Probate Form 13.5 Notice of Hearing on Account ; Standard Probate Form 13.7 Waiver of Notice of Hearing on Account 

   • All residual beneficiaries are entitled to be notified of the hearing on the account. You must either obtain a waiver from each individual (13.7) or perfect service notice (13.5) on each individual.

   • Notice may be served by ordinary mail a copy of the notice to the person entitled to receive it. An “Affidavit of Service” shall be filed.

   • Waivers of notice are not required on a PARTIAL ACCOUNT.

8. Standard Probate Form 13.3  Entry Approving and Settling Account

Other Forms

• Standard Probate Form 12.0 - Application for Certificate of Transfer  - Complete form if there is real estate included in the form 5.10 (Application for Summary Release from Administration) and there is a surviving spouse but not a will. Also used to transfer Titled Property (ex: motor vehicles)

• Standard Probate Form 12.1 - Certificate of Transfer - List each beneficiary’s name, address, and the fractional interest of Real Estate that beneficiary is receiving from the decedent’s estate. - Complete back of form. Note: This form must be prepared in duplicate. 

• Form AC-406 Application and Entry for Transfer of Titled Property (Word | PDF) 

• Form AC-419 - Affidavit for Publication - Probate (Word | PDF) - Required for any request for publication

• Form AC-419 - Affidavit for Publication - Probate (Word | PDF)

  • Costs of Publication - A minimum $250.00 deposit is required. Estate is responsible for any additional cost. 

  • A motion and entry is required. There is no form. 

• Attorney Fee Calculator for Probate Estates (Microsoft Excel) For Attorney Use Only. Only Compatible with Microsoft Excel - No support for Google Sheets

COURT COSTS DEPOSITS MUST BE PAID BEFORE ANY PLEADINGS WILL BE ACCEPTED FOR FILING.

ALL FILINGS ARE SUBJECT TO REVIEW BY THE COURT FOR COMPLETENESS AND ACCURACY. INCOMPLETE, ILLEGIBLE, OR OTHER DOCUMENTS NOT CONFORMING WITH OHIO LAW AND RULES OF PROCEDURE MAY RESULT IN THE PLEADINGS BEING DISMISSED.