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.
