Overview
Champaign County is located in west-central Ohio with a population of approximately 38,907. The Champaign County Probate Court, a division of the Court of Common Pleas, handles all probate and estate matters for decedents who were domiciled in the county at the time of death. In Champaign County, the Probate Court operates as part of the Champaign County Family Court.
Ohio probate is governed by Ohio Revised Code Title 21 (ORC Title 21). The process begins with filing an Application for Authority to Administer Estate (Form 4.0) to admit the will and appoint a fiduciary. The court then issues Letters of Authority (Letters Testamentary for testate estates or Letters of Administration for intestate estates).
Simplified Procedures:
- Release from Administration: For estates valued at $35,000 or less (or $100,000 or less if the surviving spouse is the sole heir).
- Summary Release from Administration: For estates valued at $5,000 or less (or $45,000 or less if the surviving spouse is the sole heir and pays funeral expenses).
Fees:
- Executor/Administrator Fees: Ohio law sets a statutory fee schedule based on the value of the estate (4% of the first $100,000, 3% of the next $300,000, and 2% of the balance).
- Attorney Fees: Fees must be reasonable and are often subject to local court guidelines or approval.
This guide provides an informational overview of the Champaign 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
Champaign County Probate Court (Family Court)
Probate matters in Champaign County are handled at the Champaign County Family Court.
Address: 200 North Main Street, 3rd Floor, Urbana, OH 43078
Phone: (937) 484-1027 or (937) 484-1026 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division is located on the third floor of the courthouse. It has jurisdiction over estates, wills, trusts, name changes, adoptions, adult guardianships, and adult mental health cases.
Parking and Access
Public parking is available on the streets surrounding the courthouse in downtown Urbana. Visitors should be prepared for 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 the surviving spouse is sole heir).
- Summary Release from Administration: If the estate is valued at $5,000 or less (or $45,000 if the surviving spouse is sole heir and pays funeral expenses).
- 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 Champaign 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 (approximately $200-$250 deposit)
- Fiduciary's Bond (Form 4.2)
Documents must be filed in person or by mail at the Probate Division.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing (or obtain waivers)
- Publish notice in a newspaper of general circulation in Champaign County (such as the Urbana Daily Citizen) for three consecutive weeks if addresses of parties are unknown
Step 4: Attend the Hearing
The court will schedule a hearing on the application, typically 4 to 6 weeks after filing. At the hearing, the judge reviews the application and, if approved, issues Letters of Authority.
Step 5: Administer the Estate
After receiving Letters, the fiduciary must:
- Notify creditors (creditors have 6 months from date of death to file claims)
- Inventory and appraise all estate assets within 3 months of appointment
- 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
Champaign County-Specific Procedures
- Family Court Structure: In Champaign County, the Probate Court operates within the Family Court structure. The judge handles probate, domestic relations, and juvenile matters.
- Court Rules: The court has adopted local rules available on the Family Court website. Review these before filing.
- Bond Requirements: Bond is generally required for administrators unless waived by the will or the court.
- Forms: The court utilizes the standard Ohio Supreme Court Probate Forms, available on the court website.
- Publication: Notice must be published in a newspaper of general circulation in Champaign County, such as the Urbana Daily Citizen, for three consecutive weeks.
Always check with the Probate Clerk at (937) 484-1027 for the most current local rules and filing requirements.
Timeline & Fees
Filing Fees (Champaign County)
- Full Administration: approximately $200-$250 (deposit)
- Release from Administration: approximately $125-$150
- Summary Release from Administration: approximately $60-$75
- Certified copies: approximately $2.00 per page
- Publication costs: approximately $100-$150 depending on the newspaper
- Claims Against Estate: approximately $10.00
Ohio law provides a statutory fee schedule for executors/administrators:
- 4% of the first $100,000
- 3% of the next $300,000
- 2% of the balance above $400,000
Payment Methods
Contact the Champaign County Probate Court for accepted payment methods. Courts typically accept cash, debit/credit cards, and money orders.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 1 year or more
Timelines are affected by the mandatory 6-month creditor claim period and tax filing requirements.
Local Resources
Champaign County Court Resources
- Court Website: ccfamct.us
- Probate Forms: ccfamct.us/documents
- Probate Fees: ccfamct.us/fees
- Ohio Probate Forms: Supreme Court of Ohio Forms
- Ohio Legal Help: ohiolegalhelp.org
Legal Aid and Attorney Referrals
- Ohio State Bar Association: (800) 282-6556 --- Lawyer Referral Service
- Legal Aid of Western Ohio: (888) 534-1432 --- Serves Champaign County
- Ohio Bar Lawyer Referral: ohiobar.org
Publication
- Urbana Daily Citizen: --- Newspaper of general circulation in Champaign County