Probate in Ohio is a court-supervised process for settling a deceased person’s estate. When there’s real estate involved, the process has additional steps and complications.
This complete roadmap walks you through every phase from opening the estate to closing it, with special attention to handling property.
*This is not a substitute for legal advice-I am not an attorney, information is for education only. This information was current as of 2-2026, if you have specific questions consult your attorney.*
Timeline Expectations
Simple estate, no real estate: 6-9 months
Estate with house to sell: 9-18 months
Complex estate or family disputes: 18+ months
Don’t be discouraged if it takes longer than you expected. Real estate sales, creditor claims, and family dynamics all affect timing.
Phase 1: Getting Started (Weeks 1-4)
Step 1: Secure the Property Immediately
If there’s a house, this is your first priority:
Day 1 actions:
- Change locks (vacant homes are targets for theft and squatters)
- Notify homeowner’s insurance of death and possible vacancy
- Consider vacant property insurance
- Keep utilities on (prevent frozen pipes, mold, damage)
- Winterize if appropriate
- Arrange lawn care, snow removal, regular checks
Why this matters: A neglected house loses value fast. You have a fiduciary duty to protect estate assets.
Step 2: Gather Essential Documents
What you need:
- Original will
- Death certificate (order 10-15 certified copies)
- Property deed
- Mortgage documents and payoff information
- Property tax records
- Homeowner’s insurance policy
- Utility bills and HOA information
- Bank statements
- Investment account statements
Step 3: File Application to Open Probate
File with the probate court in the county where the deceased lived.
Required documents:
- Application for probate and executor appointment
- Original will
- Death certificate
- Filing fees ($150-$300 depending on county)
- Bond (if required—usually for intestate estates)
Timeline: Court issues Letters of Authority within 1-3 weeks.
Phase 2: Executor Duties Begin (Months 1-3)
Step 4: Notify Heirs and Beneficiaries
⏰ DEADLINE: 2 weeks after will admission to probate
⏰ DEADLINE: 2 months to file Certificate of Service
Send certified mail notices to:
- Surviving spouse
- All beneficiaries named in will
- All intestate heirs (even if not receiving anything)
Get signed waivers from cooperative heirs to speed the process.
Step 5: Open Estate Bank Account
Required:
- Letters of Authority from probate court
- Estate Tax ID Number (EIN) from IRS
- Death certificate
Deposit all estate funds into this account. Pay all estate expenses from this account.
Step 6: Notify Creditors and Government
⏰ DEADLINE: 30 days to notify Ohio Attorney General (Medicaid)
Required notifications:
- Publish “Call for Creditors” in newspaper (once per week for 3 consecutive weeks)
- Send Form 7.0(A) to Medicaid Estate Recovery Unit
- Notify known creditors by certified mail (shortens their deadline to 30 days)
- Contact mortgage company
- Notify property tax office
Step 7: File Estate Inventory
⏰ DEADLINE: 3 months from executor appointment
Real estate valuation options:
- County auditor’s value (easiest—print from auditor website)
- Court-approved appraiser ($300-$600, more accurate)
List property with:
- Full legal description from deed
- Street address
- County location
- Date of death value
- Any mortgages/liens (note but don’t deduct from value)
Also list: Bank accounts, investments, vehicles, personal property, business interests.
⚠️ Missing this deadline? You can be removed as executor, denied fees, fined, or held in contempt.
Phase 3: Property Management & Decisions (Months 3-8)
Step 8: Maintain the Property
Your fiduciary duty requires protecting estate assets. A neglected house loses value quickly.
Ongoing responsibilities:
- Keep insurance current (personally liable if it lapses and damage occurs)
- Pay mortgage on time (foreclosure destroys estate value)
- Pay property taxes when due
- Pay HOA fees (liens prevent sale)
- Address code violations and safety issues immediately
- Keep property secure and weathertight
- Check regularly for damage, break-ins, squatters
⚠️ Common property issues that delay sales:
- Deferred maintenance (roof, HVAC, plumbing)
- Hoarding situations (professional cleanout $5,000-$20,000+)
- Environmental issues (mold, asbestos, lead paint, underground tanks)
- Unpaid property taxes (tax liens must be paid before sale)
- Title issues (clouds on title, boundary disputes, missing deeds)
Step 9: Handle Creditor Claims
Creditors have 6 months from date of death to file claims.
Your job:
- Review each claim within 30 days
- Demand documentation proving claim validity
- ALLOW valid claims in writing
- REJECT invalid or late claims in writing
- MUST reject all claims filed after 6-month deadline (personally liable if you pay barred claims)
Step 10: Decide Whether to Sell or Distribute
Option 1: Sell and divide proceeds (simplest, fairest, most common)
Option 2: Distribute to beneficiaries (works if one heir wants it and can buy out others)
Option 3: Transfer to multiple heirs as co-owners (creates future problems—not recommended)
⚠️ Heir disagreements? If will says “sell and divide proceeds,” executor has authority. If will says “to my three children” without sell directive and they disagree, may need partition action (adds 6-12 months and legal fees).
Step 11: Sell Real Estate (If Selling)
Process:
- Get court approval to sell (file application)
- Hire licensed real estate agent (estate pays commission)
- Prepare property for sale (cleanout, repairs, staging)
- List at fair market value
- When you receive offer, file with court for approval
- Attend court hearing on sale (if required)
- Close sale ONLY after receiving court’s approval order
- Deposit proceeds into estate bank account
Surviving spouse mansion house rights: Surviving spouse has right to live rent-free for 1 year. Must give 5 days notice before taking inventory if spouse lives there. If selling before year up, spouse gets paid for remaining time.
⚠️ Underwater mortgage? If house worth less than mortgage balance, need lender approval for short sale (adds 2-4 months). If lender won’t approve, heirs decide whether to let foreclose or contribute funds.
Phase 4: Wrapping Up (Months 8-12+)
Step 12: Pay Debts and Taxes
Payment priority order (Ohio law):
- Funeral and burial expenses
- Estate administration costs (court fees, attorney fees, executor fees)
- Allowance for support ($40,000 to surviving spouse/minor children)
- Federal and state taxes
- All other creditor claims
Required tax filings:
- Final income tax return for deceased (Form 1040)
- Estate income tax return if estate earned income (Form 1041)
- Federal estate tax return if required (estates over $13.61M in 2024)
Step 13: File Final Accounting
This is your “report card” to the court showing everything you did.
Must include:
- All assets received (from inventory)
- All income received (rent, sale proceeds, interest)
- Every expense paid (attach receipts)
- All debts paid
- Proposed distributions to beneficiaries
- Request for executor fee approval (if taking compensation)
Serve accounting on all beneficiaries and file with court.
Step 14: Distribution and Closing
- Wait for objection period to pass
- Get court approval of final accounting
- Obtain tax clearances
- Distribute assets to beneficiaries per court-approved plan
- Get signed receipts from each beneficiary
- File receipts and application to close estate
- Receive discharge order from court
✅ Probate complete!
Special Real Estate Situations
Multiple properties: Each listed separately on inventory, each sale requires separate court approval, rental properties generate income to report to IRS.
Out-of-state property: Requires separate “ancillary probate” in that state, hire attorney licensed there, adds 6-12 months.
Reverse mortgage: Entire loan balance due at death, heirs have 6 months to pay off or sell, contact lender immediately.
Timeline Extensions
After 6 months, must get court approval to keep estate open.
File motion explaining why can’t close yet:
- Property sale in progress
- Pending litigation
- Tax issues
Court typically grants 6-month extensions for valid reasons.
Executor Compensation
Typical: 3-6% of estate value
Complex estates with real estate: Often justify higher fees
Keep detailed time records. Court must approve fee request. Beneficiaries can object if excessive.
When to Hire Probate Attorney
Strongly recommended when:
- Estate value exceeds $100,000
- Real estate involved
- Any beneficiaries are minors
- Family conflict exists
- Will being contested
- You’re overwhelmed or unsure
Attorney fees paid from estate assets, tax-deductible estate expenses.
Get the Complete Roadmap
This blog post is an overview. My comprehensive “Ohio Probate Roadmap with Real Estate” guide includes:
- Detailed timeline worksheets
- County-specific forms and procedures
- Sample documents and templates
- Checklist for each phase
- Common mistakes to avoid
- When to get professional help
To receive your free copy:
📧 Email: danielle@swohio.homes
📱 Call or Text: 513.628.2880
Navigate Ohio probate with confidence—even when there’s real estate involved.
**I am not an attorney, I am Probate Certified, and a Licensed Real Estate Professional with Plum Tree Realty.