Overview
Stark County, home to Canton and approximately 375,000 residents, is served by the Stark County Probate Court. Located on the 5th floor of the Stark County Office Building in downtown Canton, the court handles estate administration, guardianships, trusts, adoptions, name changes, and marriage licenses.
The Stark County Probate Court is known for its accessible approach to self-represented filers, providing FAQs, forms, and fee information on its website. The court maintains historical estate records dating back to 1810, reflecting Canton's long history as a county seat.
Key Facts for Stark 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- No Ohio estate tax — repealed effective January 1, 2013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
- Initial minimum deposit of $125 to open an estate
- Court costs for an average estate are typically less than $200
Courthouse Information
Stark County Probate Court
The Stark County Probate Court is located on the 5th floor of the Stark County Office Building in downtown Canton.
Address:
110 Central Plaza South, Suite 501
Canton, OH 44702
Phone: (330) 451-7755
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 downtown Canton near the Stark County Office Building, including nearby garages and metered street parking.
Accessibility:
The building is ADA-accessible with elevator access to the 5th floor.
Filing Process
How to File for Probate in Stark 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. File Application to Probate Will ($81) and Application for Authority to Administer Testate Estate ($125).
- Full Administration (Intestate) — when no will exists. File Application for Authority to Administer Intestate Estate ($125).
Step 2: Gather Required Documents
- Certified copy of the death certificate
- Original will (if one exists)
- Form 1.0 — surviving spouse, children, next of kin, legatees, and devisees
- Asset information and approximate values
- Fiduciary's personal information for bond purposes
Step 3: File the Application
File your application and supporting documents in person at the Probate Court, 110 Central Plaza South, Suite 501, Canton, OH 44702. An initial minimum deposit of $125 is required.
Step 4: Appointment and Letters of Authority
Once approved, the court issues Letters Testamentary or Letters of Administration.
Step 5: Complete Administration
- Publish notice to creditors in a newspaper of general circulation
- File inventory within 3 months of appointment
- Pay debts and taxes
- File a final account and distribute assets after the 6-month creditor period
- Certificate of Transfer for real property — $7.00 per certificate
Local Requirements
Stark County Local Rules and Requirements
- Local rules — Stark County Probate Court maintains local rules available on its website at starkcountyohio.gov
- Filing in person — estate filings are generally made in person at the Probate Court
- Minimum deposit — an initial deposit of $125 is required to open an estate
- Bond requirements — standard Ohio bond requirements apply unless waived in the will
- Certificate of Transfer — required for real property transfer at $7.00 per certificate
- Appraisals — the court may require formal appraisals for real property and other significant assets
- Attorney fees — follow the statutory schedule under ORC 2113.35
- Records retention — the court maintains estate case files on microfilm dating back to 1810
Timeline & Fees
Timeline for Probate in Stark 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
Stark County Probate Court fees are established by Ohio statute:
- Application to Probate Will: $81.00
- Application for Authority to Administer Estate (Testate or Intestate): $125.00 initial deposit
- Certificate of Transfer (real property): $7.00 per certificate
- Total court costs for an average estate: typically less than $200
Court costs vary depending on the types of actions and pleadings filed during administration.
Payment: Contact the court for accepted payment methods.
Note: Contact the court at (330) 451-7755 for the current fee schedule.
Local Resources
Stark County Probate Resources
- Stark County Probate Court Website: starkcountyohio.gov — forms, FAQs, local rules, and contact information
- Probate Court Case Search: probate.co.stark.oh.us — online case search
- Local Rules: starkcountyohio.gov — local rules for Stark County Probate Court
- Decedent's Estate FAQ: starkcountyohio.gov — answers to common estate questions
- Ohio Supreme Court Probate Forms: supremecourt.ohio.gov — standard Ohio probate forms
- Ohio Legal Help: ohiolegalhelp.org — free legal information
- Stark County Bar Association: Lawyer referral services for probate attorneys