Overview
Clinton County is located in Ohio with a population of approximately 42,000. The Clinton 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 a 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 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).
Attorneys in Ohio may charge fees based on a percentage of the estate's value (statutory fee) or an hourly rate, subject to local court rules and approval.
This guide provides an informational overview of the Clinton 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
Clinton County Probate Court
Probate matters in Clinton County are handled at the Clinton County Courthouse.
Address: 46 S. South Street, Suite 224, Wilmington, OH 45177
Phone: (937) 382-2280
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Court is located on the 2nd floor of the courthouse.
Parking and Access
Street parking is available around the courthouse square in downtown Wilmington. There are also public parking lots nearby. Security screening is required upon entering the courthouse building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Release from Administration: If the estate is valued at $5,000 or less (or $45,000 if the surviving spouse is the sole heir and pays funeral costs).
- Release from Administration: If the estate is valued at $35,000 or less (or $100,000 if the surviving spouse is the sole heir).
- 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 Clinton County Probate Court. Include:
- Original Will and Codicils (if any)
- Certified copy of the death certificate
- Next of Kin (Form 1.0)
- Filing fee (typically $150 for full administration)
- Fiduciary Bond (if required)
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 Clinton County (typically the Wilmington News Journal) 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 personal representative the power to act on behalf of the estate.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 6 months from the date of death to file claims)
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Fiduciary's Account and petition for discharge
Local Requirements
Clinton County-Specific Procedures
- Payment: The court accepts cash, money orders, and credit cards (subject to a fee). Only attorneys may pay by check.
- Local Forms: The court primarily uses the standard Ohio Supreme Court probate forms.
- Publication: Notice is typically published in the Wilmington News Journal.
- Bond: A bond is generally required unless the will waives it or all beneficiaries waive it and the court approves.
Always check with the court for the most current local rules and requirements.
Timeline & Fees
Filing Fees (Clinton County)
- Full Administration: $150.00
- Release from Administration: $95.00
- Summary Release from Administration: $80.00
- Will Only Admitted to Probate: $55.00
- Will For Record Only: $40.00
- Authenticated Copies: $35.00 plus $1.00 per page
Payment Methods
The court accepts cash, money orders, and credit cards (3% fee or $2.00 minimum). Personal checks are not accepted from non-attorneys.
Estimated Timelines
- Simple estates: 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in Ohio is 6 months from the date of death, which sets a minimum duration for most full administrations.
Local Resources
Clinton County Court Resources
- Court Website: Clinton County Probate Court
- Probate Forms: Supreme Court of Ohio Forms
- Local Court Rules: Clinton County Probate Rules
Legal Aid and Attorney Referrals
- Ohio State Bar Association: Find a Lawyer
- Legal Aid Society of Greater Cincinnati: (513) 241-9400 — Serving Clinton County
Publication
- Wilmington News Journal: (937) 382-2574 — Website