Overview
Auglaize County is located in Ohio with a population of approximately 45,922. The Auglaize County Probate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Ohio probate is governed by Title 21 of the Ohio Revised Code. The process begins with filing an Application for Authority to Administer Estate (Form 4.0) to admit the will and appoint a personal representative. The court then issues Letters of Authority for testate estates or Letters of Administration for intestate estates.
Ohio offers simplified procedures for smaller estates:
* Release from Administration: For estates valued at $35,000 or less (or $100,000 or less if the surviving spouse inherits everything).
* Summary Release from Administration: For estates valued at $5,000 or less, or where the value does not exceed the funeral and burial expenses (up to $5,000).
Statutory executor fees in Ohio are set by law: 4% of the first $100,000, 3% of the next $300,000, and 2% of assets above $400,000.
This guide provides an informational overview of the Auglaize County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Auglaize County Probate Court
Probate matters in Auglaize County are handled at the Auglaize County Courthouse.
Address: 201 Willipie Street, Suite 119, Wapakoneta, OH 45895
Phone: (419) 739-6778 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
Judge: Mark E. Spees
The Probate Court is located on the first floor of the courthouse. The court handles estates, guardianships, name changes, adoptions, and marriage licenses.
Parking and Access
Street parking is available around the courthouse square in downtown Wapakoneta. There are also public parking lots nearby. Visitors pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Release from Administration: If the estate is valued at $35,000 or less (or $100,000 if passing to a spouse).
- Summary Release from Administration: If the estate is valued at $5,000 or less, or covers only funeral/burial costs.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Authority to Administer Estate (Form 4.0) with the Auglaize County Probate Court. Include:
- Surviving Spouse, Children, Next of Kin, Legatees and Devisees (Form 1.0)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee deposit (typically around $250 for full administration)
- Fiduciary's Acceptance (Form 4.2)
The court may require e-filing or paper filing depending on current local rules; check with the clerk.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 7 days before the hearing (or as required by local rule).
- Publish notice in a newspaper of general circulation in Auglaize County (such as The Wapakoneta Daily News) if addresses are unknown.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters of Authority.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims must be presented within 6 months of death)
- Inventory and appraise all estate assets within 3 months
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Auglaize County-Specific Procedures
- Local Forms: The court uses Standard Ohio Probate Forms but may have specific local cover sheets or checklists.
- Bond: A bond is typically required unless the will waives it or all beneficiaries consent to waive it.
- Publication: Notice must be published in a newspaper of general circulation in Auglaize County, such as The Wapakoneta Daily News or The Evening Leader.
Check the court's website for the most up-to-date local rules and fee schedules.
Timeline & Fees
Filing Fees (Auglaize County)
- Full Administration: approximately $250.00 deposit
- Release from Administration: approximately $150.00
- Summary Release from Administration: approximately $60.00
- Certified copies: approximately $1.00 - $2.00 per page
- Publication costs: approximately $50.00 - $100.00 depending on the newspaper
Ohio law sets statutory executor fees:
- 4% on the first $100,000
- 3% on the next $300,000
- 2% on the balance
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (Release from Administration): 2-4 months
- Average estates (Full Administration): 6-9 months
- Complex or contested estates: 12 months to 2 years
Creditors have 6 months from the date of death to file claims, which sets a minimum duration for most full administrations.
Local Resources
Auglaize County Court Resources
- Court Website: Auglaize County Probate Court
- Probate Forms: Supreme Court of Ohio Forms
- Local Rules: Auglaize County Local Rules
Legal Aid and Attorney Referrals
- Ohio State Bar Association: (800) 282-6556 — Find a Lawyer
- Legal Aid of Western Ohio: (888) 534-1432 — Legal Aid