NOTE: These instructions are intended as a guideline only and should not be relied upon as a comprehensive list of duties in the relief from 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.
A relief from administration may be filed if:
The assets of the Estate are
$3,000 or less and the decedent died on or after January 1, 1967 and before December 3, 1971 -or-
$5,000 or less and the decedent died on or after December 3, 1971 and before November 21, 1973 or The assets are $10,000 or less and decedent died on or after November 21, 1973 and before January 1, 1976 -or-
$15,000 or less and decedent died on or after January 1, 1976 and before October 20, 1987 -or-
$25,000 or less and decedent died on or after October 20, 1987 and before November 9, 1994, -or-
There is no surviving spouse or the surviving spouse is not entitled to all assets and the assets are $35,000 or less and decedent died on or after November 9, 1994, -or-
The surviving spouse is entitled to all the assets, and
The assets are $50,000 or less and the decedent died on or after April 16, 1993 and before September 14, 1993, -or-
The assets are $85,000 or less and the decedent died on or after September 14, 1993 and before March 18, 1999, -or-
The assets are $100,000 or less and the decedent died on or after March 18, 1999.
For any other situations, you will need to consult with an attorney. The Clerks and the Court CANNOT provide any legal advice.
The following documents must be filed.
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.
Certified copy of death certificate, if available.
Receipt of paid funeral bill or, if not available, the funeral bill. The receipt or funeral bill should indicate who paid the bill or who is the person responsible for payment.
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 there is no surviving spouse, you must state whether the decedent was unmarried, whether the surviving spouse is deceased or divorced (and name the person). You must also specify the relationship between any deceased heirs and their issue.
Form AC-400 Affidavit of One and the Same (Word | PDF) - Used when a name is inconsistent between documents such as a different name in a will due to subsequent marriage. Also used for misspellings.
If there is a will (if there is no Will proceed to #8)
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.
Standard Probate Form 2.2 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 (2.1) or perfect certified mail notice (2.2) on each individual. Note: Notice of probate of the will should not be mailed until after the will is admitted to probate.
If certified mail notice is used, present certified mail return (green card), or other official confirmation of delivery and a copy of the notice that was sent to each individual to the Clerk.
For dates of death on or after 4/8/2004, if notice is required to be given, the notice must be sent within 2 weeks of the date that the will was admitted to probate.
AC-416 - Required Attachment to Hearing Notice for Estate Administration Hearings ( Word | PDF )
Standard Probate Form 2.3 Entry Admitting Will to Probate
Fill in the name of the decedent only
Standard Probate Form 2.4 Certificate of Service of Notice of Probate of Will
This form is filed after all waivers and/or certified mail notices of probate of will have been obtained.
For dates of death on or after 4/8/2004, the Certificate must be filed within 2 months of the date the will was admitted to probate or the attorney and/or applicant will be cited to appear in Court.
Standard Probate Form 3.0 Appointment of Appraiser
Complete the form if an appraiser is used to value real estate or tangible personal property.
If the estate contains real estate, proof of an Auditor’s Valuation (property tax bill, printed out report from Auditor’s office, or property transfer card from Auditor’s office) will be accepted in place of an appointment of appraiser if the spouse receives the entire estate.
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
Standard Probate Form 5.0 Application to Relieve Estate from Administration
Standard Probate Form 5.1 Assets and Liabilities of Estate to be Relieved from Administration
On front of form list all probate assets of the estate, on back of form list all debts owed by the estate, including the funeral bill and attorney fees.
Bring title(s) of automobile(s) and other titled property, bank account numbers, and stock certificate numbers in the estate to present to the Clerk
AC-407 Entry Setting Hearing and Ordering Notice (Word | PDF)
Standard Probate Form 5.2 Waiver of Notice of Application to Relieve Estate from Administration and Standard Probate Form 5.3 Notice of Application to Relieve Estate from Administration
All parties who are listed on the front and back of Form 1.0 are entitled to be notified of the application to relieve the estate from administration.
You must either obtain a waiver from each individual (5.2), perfect certified mail notice (5.3) on each individual, or complete notice by publication or posting (if addresses are unknown).
If certified mail notice is used, present certified mail return (green card), or other official confirmation of delivery and a copy of the notice that was sent to each individual, and an affidavit stating that certified mail was completed to the Clerk.
Certified mail should not be sent until the Application to Relieve Estate from Administration has been filed.
AC-416 - Required Attachment to Hearing Notice for Estate Administration Hearings ( Word | PDF )
Standard Probate Form 5.6 Entry Relieving Estate from Administration
Complete the form - fill in name of decedent, check boxes, explain, and attach any necessary 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 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) Used for Watercraft, Mobile Homes, Recreational Vehicles, Motor Vehicles, and Trailers
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.