Overview
Preble County is located in Ohio with a population of approximately 40,801. The Preble 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 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 Testamentary for testate estates or Letters of Administration for intestate estates.
Ohio offers simplified procedures for smaller estates:
* Release from Administration: For estates valued at $35,000 or less (or $100,000 or less if the surviving spouse is the sole heir).
* Summary Release from Administration: For estates valued at $5,000 or less, or up to $45,000 if the surviving spouse is the sole heir and pays funeral expenses.
Statutory executor fees in Ohio are calculated based on the value of the estate: 4% on the first $100,000, 3% on the next $300,000, and 2% on amounts over $400,000.
This guide provides an informational overview of the Preble 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
Preble County Probate Court
Probate matters in Preble County are handled at the Preble County Courthouse.
Address: 101 E. Main Street, Courthouse 2nd Floor, Eaton, OH 45320
Phone: (937) 456-8137 (Probate Court)
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 Eaton. Judge Jenifer K. Overmyer presides over the court.
Parking and Access
Street parking is available around the courthouse square. There is a security checkpoint at the main entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Release from Administration: If assets are $35,000 or less ($100,000 if spouse is sole heir).
- Summary Release: If assets are under $5,000 or burial costs.
- 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 (Form 4.0) with the Preble County Probate Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Application to Probate Will (Form 2.0)
- Filing fee deposit (approximately $250)
- Next of Kin Form (Form 1.0)
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 Preble County (typically The Register-Herald) if addresses are unknown.
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 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 taxes
- Distribute assets to beneficiaries
- File a Fiduciary's Account to close the estate
Local Requirements
Preble County-Specific Procedures
- Local Forms: The court uses standard Ohio Supreme Court forms but may have specific local worksheets for attorney fees or guardian compensation.
- Bond: Bond is generally required unless waived by the will or by all beneficiaries.
- Publication: Notice is typically published in The Register-Herald.
- Identification: Photo ID is required for all filings.
Consult the "Probate Local Rules" available on the court's website for detailed procedural requirements.
Timeline & Fees
Filing Fees (Preble County)
- Full Administration Deposit: approximately $250.00
- Release from Administration: approximately $100.00 - $150.00
- Summary Release: approximately $60.00 - $80.00
- Marriage License: approximately $50.00
- Publication costs: Varies by newspaper (approx. $50-$100)
Note: Fees are subject to change. Contact the court for the most current fee schedule.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
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
Preble County Court Resources
- Court Website: prebleohiojuvenileprobate.org
- Probate Forms: Ohio Supreme Court Forms
- Local Rules: Preble County Probate Rules
Legal Aid and Attorney Referrals
- Ohio State Bar Association: (800) 282-6556 — Contact for attorney referrals
- Legal Aid of Western Ohio: (888) 534-1432 — lawolaw.org
Publication
- The Register-Herald: (937) 456-5553 — Newspaper of general circulation in Eaton and Preble County.