Overview
Defiance County is located in Ohio with a population of approximately 38,644. The Defiance 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 to Probate Will (Form 2.0) or 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 to the fiduciary.
Simplified Procedures:
- Release from Administration: Available if the estate is valued at $35,000 or less (or $100,000 or less if the surviving spouse inherits everything).
- Summary Release from Administration: Available for estates valued at $5,000 or less, or up to $45,000 if the surviving spouse is the applicant and entitled to the allowance for support.
Fees:
- Full Administration: $250.00 deposit
- Release from Administration: $200.00 deposit
- Summary Release: $141.00 deposit
This guide provides an informational overview of the Defiance 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
Defiance County Probate Court
Probate matters in Defiance County are handled at the Defiance County Courthouse.
Address: 221 Clinton Street, 2nd Floor, Defiance, OH 43512
Phone: (419) 782-4181 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Court is located on the second floor of the courthouse. Judge Jeffrey A. Strausbaugh presides over the Probate and Juvenile Divisions.
Parking and Access
Street parking is available around the courthouse on Clinton Street and surrounding blocks. 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).
- Release from Administration: For estates under $35,000 (or $100,000 for surviving spouse).
- Non-Probate Transfers: Assets with beneficiary designations (POD/TOD), joint survivorship, or trust assets generally avoid probate.
Step 2: File the Application
If formal probate is needed, file the Application for Authority to Administer Estate (Form 4.0) with the Defiance County Probate Court. Include:
- Original Will (if applicable) and Application to Probate Will (Form 2.0)
- Certified Death Certificate
- Surviving Spouse, Children, Next of Kin, Legatees and Devisees (Form 1.0)
- Filing fee deposit ($250.00 for full administration)
- Fiduciary's Acceptance (Form 4.2) and Bond (Form 4.0) if required
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing or admission of the will to all heirs and beneficiaries.
- Publish notice in a newspaper of general circulation (e.g., The Crescent-News) if addresses are unknown or as required by local rule.
Step 4: Appoint Fiduciary
The court will review the application. If approved, the judge issues Letters of Authority, granting the personal representative the legal 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 and file the Inventory (Form 6.0) within 3 months.
- Pay valid debts, funeral expenses, and taxes.
- Distribute remaining assets to beneficiaries.
- File a Fiduciary's Account (Form 13.0) to close the estate.
Local Requirements
Defiance County-Specific Procedures
- Local Forms: The court provides specific packets for Full Administration, Release from Administration, and Summary Release.
- Filing Fees: Fees are payable by cash, check, or money order.
- Publication: Notice is typically published in The Crescent-News for Defiance County matters.
- Bond: Bond is generally required unless the will waives it or all beneficiaries consent to waive it (and the court approves).
Timeline & Fees
Filing Fees (Defiance County)
- Full Administration: $250.00 deposit
- Release from Administration: $200.00 deposit
- Summary Release from Administration: $141.00 deposit
- Will for Record Only: $15.00
- Application to Admit Will: $25.00
Ohio law sets statutory executor fees based on the value of the estate (4% of first $100k, 3% of next $300k, 2% of excess).
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may not be accepted for all transactions; verify with the clerk.
Estimated Timelines
- Summary Release: 1-4 weeks
- Release from Administration: 2-4 months
- Full Administration: 6-12 months (creditor period is 6 months)
Local Resources
Defiance County Court Resources
- Court Website: defiance-county.com
- Local Forms: Probate Forms
- Ohio Probate Forms: Supreme Court of Ohio
Legal Aid and Attorney Referrals
- Ohio State Bar Association: ohiobar.org
- Legal Aid of Western Ohio: (877) 894-4599
Publication
- The Crescent-News: (419) 784-5441 — crescent-news.com