Deadlines And Timelines In Ohio Probate

What Are The Deadlines And Timelines In Ohio Probate?

Key deadlines and timelines in Ohio probate include:

  • Election by surviving spouse – no later than 5 months from date of initial appointment of administrator or executor
  • Action to set aside antenuptial or separation agreement – within 4 months after appointment of executor or administrator
  • Will contest action – within 3 months of filing certificate of notice of admission of will to probate
  • Inventory – within 3 months after date of appointment of executor or administrator
  • Presentation of creditor claim by potential claimant – within 6 months after death of decedent or within 30 days of receipt of notice

For a downloadable (pdf) version of the Ohio probate deadlines and timelines guide click Ohio Probate Deadlines and Timelines.

TYPE OF FILING

DEADLINES

OHIO REVISED CODE

   

Petition for heirship by administrator of estate of intestate minor seeking adjudication that parent abandoned child

Commenced within 4 months from date administrator receives letters of administration

§2105.10(E)

Application to vacate or change designation of heir

After 1 year from date of designation

§2105.15

Complaint to declare right to benefit from death

No later than 60 days after person adjudicated incompetent to stand trial or found not guilty by reason of insanity

§2105.19

Notification by court that complaint filed under §2105.19

Within 10 days after filing of the complaint

§2105.19

Election by surviving spouse to take under will or under §2105.06

No later than 5 months from date of initial appointment of administrator or executor (if proceedings for advice or to contest validity of will filed within 5 month period, election may be made within 3 months after final disposition of proceedings, if will not set aside)

§2106.01

Complaint requesting construction of will in favor of surviving spouse

No later than 5 months from date of initial appointment of administrator or executor

§2106.03

Appointment of suitable person to ascertain value under will and election for surviving spouse under disability

No later than 5 months from date of initial appointment of administrator or executor

§2106.08

Election to receive mansion house

At or before the time a final account is rendered OR at the time of or prior to entry of order relieving the estate from administration OR order granting summary release from administration

§2106.10

Application by administrator or executor to allocate support allowance

Within 5 months of initial appointment of administrator or executor

§2106.13

Surviving spouse’s right to remain in mansion house free of charge

1 year from death

§2106.15

Petition to purchase property by surviving spouse

After filing inventory required by §2115.02 but no later than 1 month after approval of that inventory

§2106.16

Action to set aside antenuptial or separation agreement

Within 4 months after appointment of executor or administrator

§2106.22

Motion to extend time to exercise rights under Chapter 2106

Within 5 months of initial appointment of executor or administrator

§2106.25

Deposit of document incorporated by reference in will

Within 30 days after will is probated

§2107.05

Deposit of trust instrument incorporated in a will

Within 30 days after final determination that bequest or devise to trust is ineffective

§2107.05

Notice of admission of will to probate

Within 2 weeks of admission of will to probate

§2107.19

Certificate of giving notice of admission of will to probate OR waiver of notice

Not later than 2 months after appointment of fiduciary or admission of will to probate (if no fiduciary)

§2107.19

Contest whether will or copy of will admitted to record under sections 2107.29 to 2107.31 is the same as destroyed record

Within 5 years from making of the record

§2107.32

Action by party in interest asking direction or judgment of court

No sooner than 30 days after written request by party in interest has been made to fiduciary, and fiduciary has failed to file an action

§2107.46

Protection of bona fide purchaser against will or later will

Protected if will or later will not offered for probate or record within 3 months after death

§2107.47

Deadline to reduce oral will made in last sickness to writing

Within 10 days after speaking of the testamentary words

§2107.60

Offer oral will to probate

Within 3 months after death of testator

§2107.60

Claim by trustee named in will to life insurance or benefit plan proceeds

Within 12 months after death of insured or person covered by plan

§2107.64

Will contest action

Within 3 months of filing of certificate of notice of admission of will to probate OR within 3 months of removal of legal disability

§2107.76

Account of surviving fiduciaries

Within 90 days after death, resignation, or removal of a cofiduciary

§2109.27

Final account by administrator or executor

Within 30 days after completing administration of the estate or within any other period of time that the court may order

§2109.301

Final and distributive account by administrator or executor

Within 6 months of appointment unless one of several exceptions apply

§2109.301

Initial account by administrator or executor

Not later than 13 months after appointment, and at least once each year thereafter

§2109.301

Account by testamentary trustee

At least once in each 2 years

§2109.303

Hearing on fiduciary’s account

Set not earlier than 30 days after filing of account

§2109.32

Permissive notice of hearing upon fiduciary’s account upon interested persons

Served at least 15 days prior to hearing on account

§2109.33

Motion to vacate order settling fiduciary’s account for fraud

Within 1 year after discovery of existence of fraud

§2109.35

Nominated executor give any required bond

Within 20 days after the probate of will

§2113.12

Account of special administration

Within 30 days of appointment of executor or administrator

§2113.16

Time frame for collection of assets and administration of estate

Within 6 months after date of appointment of executor or administrator, unless extension filed

§2113.25

Continuation of decedent’s business

May continue during 4 months next following date of appointment of executor or administrator

§2113.30

Application by distributee or legatee for order to distribute

After 5 months from appointment of executor or administrator and surviving spouse has made election

§2113.54

Itemized report of newly discovered assets

Within 30 days of coming into possession of newly discovered assets

§2113.69

Inventory

Within 3 months after date of executor’s or administrator’s appointment

§2115.02

Notice of inventory

Not less than 5 days previous thereto

§2115.04

Presentation of claim by executor or administrator

Within 3 months after date of appointment

§2117.02

Presentation of claim by potential claimant

Within 6 months after death of decedent OR within 30 days after receipt of notice by executor or administrator, whichever is earlier

§2117.06(B) and §2117.07

Allowance or rejection of claim

Within 30 days after presentation

§2117.06(D)

Notice of appointment of executor or administrator in pending action against decedent

Within 10 days of acquiring actual knowledge of pending action against decedent commenced prior to death

§2117.06(E)

Notice of receipt of medicaid benefits to administrator of estate recovery program

Not later than 30 days after granting of letters or filing of application for release from administration or summary release from administration

§2117.061

Presentation of claim by administrator of medicaid estate recovery program

Not later than 90 days after date on which the medicaid estate recovery notice form is received, or 1 year after decedent’s death, whichever is later

§2117.061

Action on rejected claim

Within 2 months after the rejection if the debt is then due OR within 2 months after debt becomes due

§2117.12

Notice of hearing allowing and classifying claims

No less than 10 days before date fixed for hearing

§2117.17

Exceptions to the allowance or classification of claims

Any time prior to hearing

§2117.17(B)

Suit against executor or administrator by creditor or other interested party

Not before 5 months from time of appointment, with exceptions

§2117.30

Liability of real property for debts of deceased person

No liability if alienated before issuance of letters and no letters issued within 4 years from date of death OR if alienated after letters within 4 years of issuance (to bona fide purchasers)

§2117.36

Presentation of contingent claims

Before expiration of 6 months after death OR before expiration of 2 months after cause of action accrues, whichever is later (no presentation necessary if account of final distribution filed at time of accrual or within 2 months thereafter)

§2117.37 and §2117.39

Action on contingent claim to recover from distributees

Within 2 months after final payment on account thereof by executor or administrator if recovery is necessary for payment of claim in full

§2117.38

Suit for payment of contingent claims after settlement of estate

Within 6 months next after time when cause of action first accrues UNLESS suit is for balance due after payment by executor or administrator, in which case within 2 months after final payment; if person under legal disability, within 1 year after disability removed

§2117.41

Election of surviving spouse when copy of foreign will filed and recorded and no ancillary proceedings

Any time after death but not later than 6 months after recording of copy of will

§2129.07

Certificate of assets and liabilities in ancillary estate

Within 5 months after appointment of ancillary administrator

§2129.15

Download Ohio Probate Deadlines and Timelines.

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