Overview
Montgomery County, home to Dayton and approximately 537,000 residents, is served by the Montgomery County Probate Court. Located in downtown Dayton, the court handles decedents' estates, guardianships, adoptions, trusts, name changes, marriage licenses, and mental health matters.
Montgomery County Probate Court is notable for its comprehensive mandatory e-filing system through the Tybera platform. The court e-files all Civil, Miscellaneous, Estate, Trust, Adoption, and Guardianship cases, making it one of the most fully digitized probate courts in Ohio.
Key Facts for Montgomery County Probate
- No Ohio estate tax — repealed effective January 1, 2013
- Release from Administration for qualifying estates valued at $35,000 or less (or $100,000 for surviving spouse)
- 6-month creditor claims period after fiduciary appointment
- Inventory due within 3 months of appointment
- E-filing is mandatory for all case types through the Tybera system
- The court provides pro se information sheets for self-represented filers
Courthouse Information
Montgomery County Probate Court
The Montgomery County Probate Court is located on the 2nd floor of the County Courts Building in downtown Dayton.
Address:
41 N. Perry Street, 2nd Floor
Dayton, OH 45402
Phone: (937) 225-4640
Hours of Operation:
Monday through Friday, 8:30 AM to 4:30 PM
Closed on weekends and court holidays
Parking:
Public parking is available in garages and surface lots in downtown Dayton near the courthouse.
Accessibility:
The building is ADA-accessible with elevator access to the 2nd floor.
E-Filing System:
Access at efiling.mcohio.org or go.tybera.net/mcp
Filing Process
How to File for Probate in Montgomery County
Step 1: Determine the Type of Administration
- Release from Administration — for estates valued at $35,000 or less (or $100,000 if the surviving spouse inherits everything)
- Full Administration (Testate) — when a valid will exists
- Full Administration (Intestate) — when no will exists
Step 2: Register for E-Filing
Montgomery County requires e-filing for all case types. Register for an account through the Tybera system at efiling.mcohio.org. Attorneys must file through the e-filing system. Self-represented filers may also register for e-filing accounts.
Step 3: Gather Required Documents
- Certified copy of the death certificate
- Original will (if applicable — must be deposited with the court)
- Form 1.0 — surviving spouse, children, next of kin, legatees, and devisees
- Asset information and approximate values
- Fiduciary's information for bond purposes
Step 4: File the Application
Submit the application and supporting documents through the e-filing system. Pay applicable court costs electronically.
Step 5: Appointment and Letters of Authority
Once approved, the court issues Letters Testamentary or Letters of Administration.
Step 6: Complete Administration
- Publish notice to creditors in a newspaper of general circulation (such as the Dayton Daily News or Daily Court Reporter)
- File inventory within 3 months of appointment
- Pay debts and taxes
- File a final account and distribute assets after the 6-month creditor period
Local Requirements
Montgomery County Local Rules and Requirements
- Mandatory e-filing — all Civil, Miscellaneous, Estate, Trust, Adoption, and Guardianship cases must be filed electronically through the Tybera system. Attorneys must use e-filing; self-represented filers may register for accounts.
- Privacy protections — filers must omit or redact personal identifiers (Social Security numbers, financial account numbers, etc.) from all documents unless otherwise ordered by the court
- Bond requirements — standard Ohio bond requirements apply unless waived in the will
- Pro se resources — the court provides pro se information sheets for common filings, including Release from Administration
- Publication — notices published in newspapers of general circulation in the county, including the Dayton Daily News and the Daily Court Reporter
- Attorney fees — computed per the statutory schedule under ORC 2113.35
- Account security — each e-filing user is responsible for the security of their username and password; filings made under a user account are deemed made by that account holder
Timeline & Fees
Timeline for Probate in Montgomery County
Simple estates (Release from Administration):
- Processing: 2 to 4 weeks
- Total timeline: 1 to 2 months
Standard full administration:
- Appointment of fiduciary: 1 to 3 weeks
- Inventory due: within 3 months
- Creditor claims period: 6 months
- Final account and distribution: 1 to 3 months after creditor period
- Total timeline: 9 to 14 months
Contested or complex estates:
- 18 months to 3+ years
Court Costs and Fees
Montgomery County Probate Court fees are established by Ohio Revised Code:
- Full Estate Administration: approximately $150 to $250 initial deposit
- Release from Administration: approximately $75 to $125
- Proof of Claim filing fee: $1.50 per claim
- Inventory filing fee: $2.50 per page
- Additional fees for accounts, certificates of transfer, and certified copies
Payment: Court costs are paid through the e-filing system.
Note: A detailed fee chart is available on the court website at mcohio.org/474/Fees. Contact the court at (937) 225-4640 for current information.
Local Resources
Montgomery County Probate Resources
- Montgomery County Probate Court Website: mcohio.org/388/Probate-Court — court information, news, and FAQs
- E-Filing Portal: efiling.mcohio.org — mandatory electronic filing system (Tybera)
- Fee Chart: mcohio.org/474/Fees — complete fee schedule
- Forms: mcohio.org/476/Forms — downloadable forms for all case types
- Pro Se Information Sheets: Available on the court website for self-represented filers
- Ohio Supreme Court Probate Forms: supremecourt.ohio.gov — standard Ohio probate forms
- Ohio Legal Help: ohiolegalhelp.org — free legal information
- Dayton Bar Association: Lawyer referral services for probate attorneys
- Montgomery County Public Defender Probate Resource Center: mcpdohio.com/probate-resource-center — resources for guardianship and probate matters