Overview
Carroll County is located in Ohio with a population of approximately 26,460. The Carroll 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.
Simplified Procedures:
- Summary Release from Administration: Available if the estate is worth less than $5,000, or up to $45,000 if the surviving spouse is the sole heir and pays funeral expenses.
- Release from Administration: Available if assets are under $35,000, or up to $100,000 if the surviving spouse inherits the entire estate.
Statutory Fees:
Ohio law (ORC 2113.35) sets the executor's commission based on the estate value:
- 4% on the first $100,000
- 3% on the next $300,000
- 2% on amounts above $400,000
Attorney fees are separate and must be reasonable and approved by the court, often following a local rule guideline.
This guide provides an informational overview of the Carroll 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
Carroll County Probate Court
Probate matters in Carroll County are handled at the Carroll County Courthouse.
Address: 119 S. Lisbon St., Suite 202, Carrollton, OH 44615
Phone: (330) 627-2323 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Court is presided over by Judge Sean R.H. Smith. It is located on the second floor of the historic courthouse in downtown Carrollton.
Parking and Access
Street parking is available around the courthouse square. There is a public entrance with security screening.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Release from Administration: For estates under $5,000 (or $45,000 for surviving spouse paying funeral costs).
- Release from Administration: For estates under $35,000 (or $100,000 for surviving spouse).
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application
If formal probate is needed, file an Application for Authority to Administer Estate (Form 4.0) with the Carroll County Probate Court. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Next of Kin Form (Form 1.0)
- Filing fee (approximately $175 for full administration)
- Waiver of Notice or Notice of Probate of Will
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Carroll County (e.g., The Carroll County Messenger) if addresses are unknown or as required by local rule.
Step 4: Attend the Hearing
The court may schedule a hearing on the application. If approved, the judge issues Letters of Authority, granting the executor power to act on behalf of the estate.
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 and administrative costs
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Fiduciary's Account to close the estate
Local Requirements
Carroll County-Specific Procedures
- Local Forms: The court generally uses the Standard Probate Forms adopted by the Supreme Court of Ohio.
- Bond: A bond is typically required unless the will waives it or all beneficiaries consent to waive it (and the court approves).
- Publication: Legal notices are typically published in The Carroll County Messenger.
- Local Rules: Be sure to check the Carroll County Probate Court's local rules regarding attorney fee schedules and specific filing requirements.
Timeline & Fees
Filing Fees (Carroll County)
- Full Administration: approximately $175.00
- Release from Administration: approximately $125.00
- Summary Release from Administration: approximately $60.00 - $100.00
- Will for Record Only: approximately $35.00
- Publication costs: Varies by newspaper (approx. $50-$100)
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee; verify with the clerk.
Estimated Timelines
- Simple estates (Release from Admin): 2-4 months
- Average estates (Full Admin): 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
Carroll County Court Resources
- Court Website: carrollprobatejuvenilecourt.com
- Ohio Probate Forms: Supreme Court of Ohio Forms
Legal Aid and Attorney Referrals
- Ohio State Bar Association: (800) 282-6556 — Lawyer Referral Service
- Southeastern Ohio Legal Services: (330) 339-3998 — Legal Aid
- Carroll County Bar Association: Contact local court for roster
Publication
- The Carroll County Messenger: (330) 627-5591 — Legal Notices
- The Free Press Standard: (330) 627-5591