Overview
Henry County is located in Ohio with a population of approximately 27,536. The Henry 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 (if applicable) and an Application for Authority to Administer Estate to appoint a personal representative. The court then issues Letters of Authority to the fiduciary.
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 pays the funeral bill.
- Release from Administration: Available if the estate is worth less than $35,000, or up to $100,000 if all assets go to the surviving spouse.
Fees:
Ohio law sets statutory attorney fees for estate administration, though many attorneys may charge a flat fee or hourly rate depending on complexity. Executor commissions are also set by statute (R.C. 2113.35).
This guide provides an informational overview of the Henry 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
Henry County Probate Court
Probate matters in Henry County are handled at the Henry County Courthouse.
Address: 660 N Perry Street, Suite 203, Napoleon, OH 43545
Phone: (419) 592-7771
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Court is located on the second floor of the courthouse. Judge Amy C. Rosebrook presides over the Probate Division.
Parking and Access
Street parking is available around the courthouse square in downtown Napoleon. There is also a public parking lot nearby. Security screening is required upon entering the courthouse.
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 if spouse pays funeral costs).
- Release from Administration: For estates under $35,000 (or $100,000 if passing to spouse).
- Non-Probate Transfers: Assets with beneficiary designations (TOD/POD), joint survivorship, or living trusts generally do not require probate.
Step 2: File the Application
If formal probate is needed, file the Application for Authority to Administer Estate with the Henry County Probate Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Application to Probate Will (Form 2.0)
- Surviving Spouse, Children, Next of Kin, Legatees and Devisees (Form 1.0)
- Filing fee (typically ~$250 for full administration)
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 Northwest Signal) 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 within 3 months
- Pay valid debts and taxes
- Distribute remaining assets to beneficiaries
- File a Fiduciary's Account to close the estate
Local Requirements
Henry County-Specific Procedures
- Local Forms: The court generally uses the Standard Probate Forms adopted by the Supreme Court of Ohio.
- Filing Deposits: A deposit is required at the time of filing. Check with the clerk for the current schedule, as fees are subject to change.
- Publication: Legal notices are typically published in The Northwest Signal.
- Bond: A fiduciary bond may be required unless the will waives it or all beneficiaries consent to waive it (and the court approves).
Timeline & Fees
Filing Fees (Henry County)
- Full Administration: approximately $250.00 deposit
- Release from Administration: approximately $100.00 - $150.00
- Summary Release: approximately $60.00 - $80.00
- Marriage License: approximately $45.00
- Publication costs: Varies by newspaper (approx. $50-$100)
Note: Fees are estimates and subject to change. Contact the court for the exact current fee schedule.
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Summary/Release from Admin: 2-4 months
- Simple Full Administration: 6-9 months
- Complex or Contested Estates: 12+ months
Note: Ohio law allows creditors 6 months to file claims, which often sets the minimum duration for full administration.
Local Resources
Henry County Court Resources
- Court Website: henrycountyohio.gov
- Probate Forms: Supreme Court of Ohio Forms
Legal Aid and Attorney Referrals
- Ohio State Bar Association: ohiobar.org
- Legal Aid of Western Ohio: (877) 894-4599 — Provides legal assistance to low-income individuals.
Publication
- The Northwest Signal: (419) 592-5055 — Common newspaper for legal notices in Henry County.