Overview
Perry County is located in Ohio with a population of approximately 35,500. The Perry 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 (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 to the fiduciary.
Simplified Procedures:
- Release from Administration: Available if the estate is valued at $35,000 or less (or $100,000 or less if the surviving spouse is the sole heir).
- Summary Release from Administration: Available if the estate is valued at $5,000 or less (or $45,000 or less if the surviving spouse is the claimant and paid funeral expenses).
Statutory Fees:
Ohio law sets a standard fee schedule for attorneys and executors based on the value of the estate, typically starting at 4% for the first $100,000, though local rules may vary.
This guide provides an informational overview of the Perry 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
Perry County Probate Court
Probate matters in Perry County are handled at the Perry County Courthouse.
Address: 105 N. Main Street, P.O. Box 167, New Lexington, OH 43764
Phone: (740) 342-1493 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Court is presided over by Judge Luann Cooperrider. It is located in the county courthouse in downtown New Lexington.
Parking and Access
Street parking is available around the courthouse, including angled parking on Main Street and nearby side streets. Visitors should check for posted time limits. Security screening is required upon entering the courthouse 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 for a surviving spouse who paid funeral costs).
- Release from Administration: If the estate is valued at $35,000 or less (or $100,000 if the spouse is the sole heir).
- Non-Probate Transfers: Assets with beneficiary designations (POD/TOD), joint survivorship, or held in trust generally do not require probate.
Step 2: File the Application
If formal probate is needed, file the appropriate Application for Authority to Administer Estate with the Perry County Probate Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Application to Probate Will (Form 2.0) or Application for Authority to Administer (Form 4.0)
- Next of Kin Form (Form 1.0)
- Filing fee (approx. $200-$225)
Step 3: Provide Notice
After filing, you must:
- Serve notice of the probate of the will to all heirs and beneficiaries.
- File a Certificate of Service with the court proving notice was given.
- Publish notice in a newspaper of general circulation (e.g., Perry County Tribune) if addresses are unknown or as required by local rule.
Step 4: Attend the Hearing
The court may schedule a hearing to appoint the fiduciary. Once approved, the court 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 administrative expenses
- File federal and state tax returns as needed
- Distribute remaining assets to beneficiaries
- File a Fiduciary's Account to close the estate
Local Requirements
Perry County-Specific Procedures
- Local Forms: The court generally uses the Standard Probate Forms adopted by the Supreme Court of Ohio.
- Filing Fees: Fees are payable by cash, check, or money order. Confirm current amounts with the clerk.
- Bond: A fiduciary bond is typically required unless the will waives it or all beneficiaries consent to waive it (and the court approves).
- Publication: Legal notices are typically published in the Perry County Tribune or The Perry County Herald.
Always check the Perry County Probate Court website for the most up-to-date local rules.
Timeline & Fees
Filing Fees (Perry County)
- Full Administration (With Will): approximately $225.00
- Full Administration (No Will): approximately $200.00
- Release from Administration: approximately $125.00
- Summary Release from Administration: approximately $60.00 - $100.00
- Certified Copies: approximately $1.00 - $2.00 per page
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee; verify with the clerk before visiting.
Estimated Timelines
- Release from Administration: 2-4 months
- Full Administration (Simple): 6-9 months
- Complex or Contested Estates: 12 months or longer
The creditor claim period in Ohio is 6 months from the date of death, which sets a minimum duration for most full administrations.
Local Resources
Perry County Court Resources
- Court Website: perrycountycourt.com
- Probate Forms: Supreme Court of Ohio Forms
- Local Court Rules: Perry County Local Rules
Legal Aid and Attorney Referrals
- Ohio State Bar Association: (800) 282-6556 — ohiobar.org
- Legal Aid of Southeast and Central Ohio (LASCO): (740) 345-0850 — lasco.org
Publication
- Perry County Tribune: (740) 342-1414 — Newspaper of general circulation
- The Perry County Herald: (740) 342-1961 — Legal notices