Overview
Brown County is located in Ohio with a population of approximately 44,292. The Brown 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. A Release from Administration is available if the estate is valued at $35,000 or less (or $100,000 or less if the surviving spouse is the sole heir). A Summary Release from Administration is available for estates worth $5,000 or less, or for the amount of funeral and burial expenses (up to $5,000).
Ohio law sets statutory fees for executors and administrators: 4% on the first $100,000, 3% on the next $300,000, and 2% on amounts over $400,000. There is also a 1% fee on certain non-probate assets.
This guide provides an informational overview of the Brown 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
Brown County Probate Court
Probate matters in Brown County are handled at the Brown County Courthouse Annex.
Address: 510 E State St, Suite 1, Georgetown, OH 45121
Phone: (937) 378-6549 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Court is located in Suite 1. The court handles estates, guardianships, name changes, and adoptions.
Parking and Access
Public parking is available near the courthouse building. Visitors should be prepared for security screening upon entry.
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 with the Brown County Probate Court. Include:
- Application for Authority to Administer Estate (Form 4.0)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee deposit (typically around $250)
- Surviving Spouse, Children, Next of Kin, Legatees and Devisees (Form 1.0)
The court accepts filings in person, by mail, or through the court's e-filing system.
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 Brown County for three consecutive weeks 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 filed 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
Brown County-Specific Procedures
- E-Filing: Brown County Probate Court offers electronic filing through its online e-filing system. Visit the court website for access and instructions.
- Local Forms: The court uses standard Ohio Supreme Court forms but may have specific local cover sheets or checklists.
- Deposits: A cost deposit is required at the time of filing new cases.
- Local Rules: Brown County has adopted local rules that supplement the state rules; review Rule 75.1 regarding special provisions.
- Publication: Notice must be published in a newspaper of general circulation in Brown County, such as the Brown County Press or News Democrat, for three consecutive weeks.
Always check with the clerk for the most current local rule requirements regarding bonding and background checks for fiduciaries.
Timeline & Fees
Filing Fees (Brown County)
- Full Administration Deposit: approximately $250
- Release from Administration: approximately $150-$200
- Summary Release: approximately $100
- Certified copies: approximately $2.00 per page plus $1.00 certification
- Publication costs: approximately $100-$150 depending on the newspaper
Executor/Administrator fees are set by Ohio statute (O.R.C. § 2113.35).
Payment Methods
The court accepts cash, money orders, and credit/debit cards (a service fee applies, typically around 3-4%). Personal checks are generally not accepted.
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
Brown County Court Resources
- Court Website: browncountyprobatejuvenilecourt.com
- Probate E-Filing: Brown County E-Filing
- Probate Self-Help: Ohio Legal Help
- Ohio Probate Forms: Supreme Court of Ohio Forms
Legal Aid and Attorney Referrals
- Brown County Bar Association: Contact the court for a list of local attorneys
- Legal Aid of Western Ohio: (877) 894-4599 — Legal assistance for low-income residents
- Ohio State Bar Association: ohiobar.org
Publication
- Brown County Press: (937) 444-3441 — General circulation newspaper
- The News Democrat: (937) 378-6131 — General circulation newspaper