Overview
Madison County is located in Ohio with a population of approximately 45,531. The Madison 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 for Authority to Administer Estate 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:
* Summary Release from Administration: For estates worth less than $5,000, or up to $45,000 if the surviving spouse is the sole heir and pays funeral expenses.
* Release from Administration: For estates valued under $35,000, or up to $100,000 if the surviving spouse is the sole heir.
Attorney fees in Ohio are often based on a local court schedule or reasonable hourly rates. Madison County Probate Court may have specific guidelines for allowable attorney fees based on the estate value.
This guide provides an informational overview of the Madison 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
Madison County Probate Court
Probate matters in Madison County are handled at the Madison County Courthouse.
Address: 1 N. Main St., Room 205, London, OH 43140
Phone: (740) 852-0756
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Court is located on the second floor of the historic courthouse in downtown London.
Parking and Access
Street parking is available around the courthouse square. There are also public parking lots nearby. Visitors pass through security screening upon entering the 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 spouse pays funeral costs).
- Release from Administration: If the estate is valued at $35,000 or less (or $100,000 if spouse is sole heir).
- Survivorship/Transfer on Death: Assets with named beneficiaries or rights of survivorship bypass probate.
- 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 with the Madison County Probate Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Next of Kin Form (Form 1.0)
- Filing fee deposit (typically ~$250 for full administration)
- Photo ID of the applicant
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 Madison County, such as the Madison Messenger, if addresses are unknown or as required by the court.
Step 4: Attend the Hearing
The court may schedule a hearing to 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 creditor claims and administrative expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries according to the will or state law
- File a Fiduciary's Account to close the estate
Local Requirements
Madison County-Specific Procedures
- Local Forms: The court uses standard Ohio Supreme Court probate forms but may have specific local checklists or cover sheets.
- Bond: A fiduciary bond is typically required unless waived by the will or by all beneficiaries.
- Publication: Legal notices are typically published in the Madison Messenger or other approved local newspapers.
- Local Rules: Be sure to review the Madison County Probate Court Local Rules for specifics on attorney fees, guardianship requirements, and filing deadlines.
Timeline & Fees
Filing Fees (Madison County)
- Full Administration: Deposit of approximately $250
- Release from Administration: Approximately $100 - $150
- Summary Release: Approximately $50 - $100
- Marriage License: ~$50
- Publication costs: Varies by newspaper, typically $50-$100
Note: Fees are subject to change. Contact the court for the most current fee schedule.
Payment Methods
The court typically accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (Release from Administration): 2-4 months
- Average estates (Full Administration): 6-9 months
- Complex or contested estates: 12 months or longer
Creditors have 6 months from the date of death to file claims, which sets a minimum duration for most full administrations.
Local Resources
Madison County Court Resources
- Court Website: co.madison.oh.us
- Probate Forms: Supreme Court of Ohio Forms
- Local Rules: Madison County Local Rules (PDF)
Legal Aid and Attorney Referrals
- Madison County Bar Association: Contact local court for directory
- Legal Aid of Southeast and Central Ohio: (614) 224-8374 — Provides legal assistance to low-income residents
- Ohio State Bar Association: ohiobar.org
Publication
- Madison Messenger: Common for legal notices in Madison County