Overview
Highland County is located in Ohio with a population of approximately 43,300. The Highland 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 an Application for Authority to Administer Estate (Form 4.0) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Ohio offers simplified procedures for smaller estates. A Release from Administration is available for estates valued under $35,000 (or $100,000 if the surviving spouse is the sole heir). A Summary Release from Administration is available for estates under $5,000 (or up to $45,000 if the surviving spouse paid funeral expenses).
Executor fees are set by O.R.C. 2113.35: 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 subject to local court guidelines.
This guide provides an informational overview of the Highland 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
Highland County Probate Court
Probate matters in Highland County are handled at the Highland County Courthouse.
Address: 105 North High Street, Hillsboro, OH 45133
Phone: (937) 393-9981 (Probate Division)
Hours: Monday through Friday, 7:00 AM to 4:00 PM
The Probate Court is located in the Highland County Courthouse in downtown Hillsboro. Judge Kevin L. Greer presides over the court, which also handles juvenile matters.
Parking and Access
Street parking is available around the courthouse square. Public access is typically through the main entrance with security screening.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Release from Administration: For estates valued under $35,000 (or $100,000 if the surviving spouse is the sole heir).
- Summary Release from Administration: For estates under $5,000, or up to $45,000 if the surviving spouse paid funeral expenses.
- 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 (Standard Probate Form 4.0) with the Highland County Probate Court. Include:
- Application for Authority to Administer Estate
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee deposit (approx. $176 - $250)
- Next of Kin Form (Form 1.0) and Identification for the applicant
Check with the court for current e-filing availability; traditional paper filing is standard.
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
- Publish notice in a newspaper of general circulation in Highland County for three consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 8 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
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
- 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
Highland County-Specific Procedures
- Local Forms: Highland County may require specific local forms found on their website.
- Filing Deposit: A deposit of approximately $176 is required for full administration.
- Hearings: Hearings are held at the courthouse in Hillsboro; check with the clerk for scheduling.
- Publication: Notice must be published in a newspaper of general circulation in Highland County for three consecutive weeks.
The court handles both probate and juvenile matters.
Timeline & Fees
Filing Fees (Highland County)
- Full Administration Deposit: approximately $176
- Will Contest Deposit: approximately $61
- Certified copies of Letters: standard per-page fees
- Publication costs: approximately $100-$200 depending on the newspaper
- Schedule of Claim: $10
Executor fees are set by O.R.C. 2113.35: 4% of first $100k, 3% of next $300k, 2% above $400k.
Payment Methods
The court accepts cash, check, or money order. Credit cards may not be accepted for all fees; confirm with the clerk.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 1 year or more
The 6-month creditor claim period sets a minimum duration for most full estates.
Local Resources
Highland County Court Resources
- Court Website: highlandjpcourt.com
- Probate Self-Help: Highland County Probate Court Self-Help
- Ohio Probate Forms: Ohio Supreme Court Probate Forms
Legal Aid and Attorney Referrals
- Ohio State Bar Association: (800) 282-6556 — Find a Lawyer
- Southeastern Ohio Legal Services: (800) 589-5888 — Legal Aid
- Ohio State Bar Association Lawyer Referral: ohiobar.org
Publication
- The Times-Gazette: (937) 393-3456 — Newspaper of general circulation in Hillsboro
- Highland County Press: (937) 840-9490 — Local news and legal notices