Executor Duties in Ohio

Main duties and deadlines for an Ohio executor or administrator: within two weeks after a will is admitted to probate, give notice of the probate to the surviving spouse, the heirs and the beneficiaries named in the will; within three months after appointment (unless the court extends the time), file an inventory of the decedent's Ohio real estate and personal property with date-of-death values; creditors must present claims within six months after death; file a final and distributive account within six months after appointment, unless an exception applies or the court allows more time (a certificate of termination may be used in some cases); and, for real estate passing by will or intestacy, apply for a certificate of transfer after the inventory and before the final account.

The county probate court (Probate Division of the Court of Common Pleas) issues them. When a will is admitted to probate, the court issues letters testamentary to the executor named in the will if that person is suitable, competent, accepts the appointment, and gives bond if required. If there is no will (or no executor can serve), the court grants letters of administration, with priority to a surviving spouse who lives in Ohio and then to next of kin who live in Ohio. Applicants use the Supreme Court of Ohio's standard probate forms, such as the Application to Probate Will (Form 2.0) and the Application for Authority to Administer Estate (Form 4.0). Bond is generally double the probable value of the personal property and annual rents under the fiduciary's control, but may be waived by the will or reduced or waived by the court in some cases.

Creditors must present claims within six months after the decedent's death, in writing to the executor or administrator (or listed counsel) or to the probate court with the case number, subject to limited exceptions in R.C. 2117.061.