Overview
Delaware County is located in Ohio with a population of approximately 237,966. The Delaware 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 Ohio Revised Code Title 21. The process begins with filing a 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 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 less than $35,000 (or less than $100,000 if the surviving spouse is the sole heir). A Summary Release from Administration is available for even smaller estates, typically under $5,000 or up to $45,000 for a surviving spouse (covering spousal allowance and funeral expenses).
Ohio law sets statutory fees for executors: 4% of the first $100,000, 3% of the next $300,000, and 2% of assets above $400,000. Attorney fees must be reasonable and are often based on a local rule guideline or hourly rate.
This guide provides an informational overview of the Delaware 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
Delaware County Probate Court
Probate matters in Delaware County are handled at the Rutherford B. Hayes Building.
Address: 145 N. Union St., 3rd Floor, Delaware, OH 43015
Phone: (740) 833-2680 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Court is located on the third floor. The court handles estates, guardianships, name changes, and marriage licenses.
Parking and Access
Visitor parking is available in the N. Union Street parking lot adjacent to the building. There is a single point of entry into the ground floor of the building under the portico off the parking lot. Visitors must pass through security screening.
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 or less if the surviving spouse inherits everything).
- Summary Release from Administration: If the estate is valued at $5,000 or less (or up to $45,000 for a surviving spouse entitled to the family allowance).
- 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 (Form 4.0) with the Delaware County Probate Court. Include:
- Application to Probate Will (Form 2.0) if there is a will
- Original will and codicils (if any)
- Certified death certificate
- Filing fee deposit (typically ~$250)
- Surviving Spouse, Children, Next of Kin, Legatees and Devisees (Form 1.0)
The court offers e-filing services for certain case types; check the court's "eServices" portal for eligibility.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties (Waiver of Notice or Notice of Probate of Will).
- Publish notice in a newspaper of general circulation in Delaware County, such as the Delaware Gazette, if addresses are unknown or as required by local rule.
Step 4: Attend the Hearing
The court will review the application. Many routine estate openings do not require a formal hearing if all waivers are filed. If a hearing is required, the judge or magistrate will review the petition and, if approved, issue Letters of Authority.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 6 months for claims.
- Inventory and appraise all estate assets within 3 months.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Fiduciary's Account (Form 13.0) to close the estate.
Local Requirements
Delaware County-Specific Procedures
- E-filing: Delaware County utilizes an e-filing system for many probate documents. Registration is required.
- Local Forms: The court requires specific local forms for certain actions, such as the "Application for Release of Medical Records" or specific checklists for Release from Administration.
- Bond: A bond is generally required unless the will waives it or all beneficiaries waive it and the court approves.
- Publication: Notice of hearings or appointments is typically published in the Delaware Gazette.
Consult the Delaware County Probate Court Local Rules for specific formatting and procedural requirements.
Timeline & Fees
Filing Fees (Delaware County)
- Full Administration Deposit: approximately $250
- Release from Administration: approximately $100-$150
- Summary Release: approximately $60-$100
- Certified copies: approximately $1-$2 per page plus certification fee
- Publication costs: approximately $50-$150 depending on the newspaper
Ohio statutory executor fees are 4% of the first $100k, 3% of the next $300k, and 2% of the balance.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a convenience fee).
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 full administration.
Local Resources
Delaware County Court Resources
- Court Website: probate.co.delaware.oh.us
- Probate Self-Help: probate.co.delaware.oh.us/generalinformation
- Ohio Probate Forms: supremecourt.ohio.gov
Legal Aid and Attorney Referrals
- Delaware County Bar Association: (740) 363-8988 — Attorney referral information
- Legal Aid Society of Columbus (serving Delaware): (614) 224-8374 — Low-income assistance
- Ohio State Bar Association: ohiobar.org
Publication
- Delaware Gazette: (740) 363-1161 — Newspaper of general circulation