Overview
Tuscarawas County is located in Ohio with a population of approximately 92,000. The Tuscarawas 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 a 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 for testate estates or Letters of Administration for intestate estates.
Ohio offers simplified procedures for smaller estates:
- Release from Administration: For estates valued under $35,000 (or under $100,000 if the surviving spouse inherits everything).
- Summary Release from Administration: For estates valued under $5,000 (or up to $45,000 if the surviving spouse pays funeral expenses).
Ohio law sets statutory executor fees based on the value of the estate: 4% of the first $100,000, 3% of the next $300,000, and 2% of amounts over $400,000.
This guide provides an informational overview of the Tuscarawas 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
Tuscarawas County Probate Court
Probate matters in Tuscarawas County are handled at the Tuscarawas County Courthouse.
Address: 101 East High Avenue, Room 203, New Philadelphia, OH 44663
Phone: (330) 365-3266 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Court is located on the second floor of the county office building. Judge Adam W. Wilgus presides over the Probate and Juvenile Divisions.
Parking and Access
Public parking is available in lots surrounding the courthouse and along East High Avenue. Visitors must 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 up to $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 or less if the sole beneficiary is the surviving spouse).
- 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 Tuscarawas County Probate Court. Include:
- Application to Probate Will (Form 2.0) if there is a will
- Original will and codicils (if any)
- Certified death certificate
- Filing fee deposit (typically ~$250)
- Surviving Spouse, Children, Next of Kin, Legatees and Devisees (Form 1.0)
E-filing may be available for certain case types; check with the clerk for current protocols.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 7 days before the hearing (or as required by local rule)
- Publish notice in a newspaper of general circulation in Tuscarawas County (e.g., The Times-Reporter) if addresses are unknown or as required by the court.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters of Authority.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — creditors have 6 months from the date of death to file claims
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Fiduciary's Account and petition for discharge
Local Requirements
Tuscarawas County-Specific Procedures
- Local Forms: The court requires specific local forms for certain actions, available on the court's website.
- Bond Requirements: A bond is generally required unless waived by the will or by the court. The minimum bond amount is often set based on the value of personal property.
- Local Rules: Tuscarawas County has specific local rules regarding attorney fees, guardianship, and case management.
- Publication: Notice must be published in a newspaper of general circulation in Tuscarawas County, such as The Times-Reporter, for three consecutive weeks when required.
Consult the Tuscarawas County Probate Court Local Rules for detailed procedural requirements.
Timeline & Fees
Filing Fees (Tuscarawas County)
- Full Administration Deposit: approximately $250
- Release from Administration: approximately $100-$150
- Summary Release from Administration: approximately $50-$100
- Will Deposit: approximately $5-$25
- Publication costs: approximately $100-$200 depending on the newspaper
Ohio law sets statutory attorney fees for estate administration, but local rules may provide a guideline or cap.
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 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
Tuscarawas County Court Resources
- Court Website: co.tuscarawas.oh.us
- Probate Self-Help: Ohio Legal Help
- Ohio Probate Forms: Supreme Court of Ohio
Legal Aid and Attorney Referrals
- Tuscarawas County Bar Association: (330) 364-6488 — Local attorney directory
- Southeastern Ohio Legal Services: (330) 339-3998 — Legal aid for qualifying residents
- Ohio State Bar Association: ohiobar.org
Publication
- The Times-Reporter: (330) 364-5577 — Newspaper of general circulation