Overview
Union County is located in Ohio with a population of approximately 71,721. The Union 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 of Authority for testate estates or Letters of Administration for intestate estates.
Ohio offers simplified procedures for smaller estates. A Release from Administration is available if the estate is valued at $35,000 or less (or $100,000 or less if the surviving spouse is the sole heir). A Summary Release from Administration is available for even smaller estates, typically where the applicant paid funeral expenses or is the surviving spouse entitled to a specific allowance.
Ohio law sets statutory fees for executors and administrators based on the value of the estate (e.g., 4% of the first $100,000, 3% of the next $300,000, and 2% of the excess). Attorney fees are generally subject to local court rules and approval.
This guide provides an informational overview of the Union 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
Union County Probate Court
Probate matters in Union County are handled at the Union County Courthouse.
Address: 215 W 5th St, Marysville, OH 43040
Phone: (937) 645-3029
Hours: Monday through Friday, 8:30 AM to 4:00 PM
The Probate Court is located in the county courthouse complex in Marysville. It handles estates, guardianships, name changes, and marriage licenses.
Parking and Access
Public parking is available in the Union Street parking lot and surrounding streets. Visitors entering the courthouse are subject to security screening.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Release from Administration: If the estate is valued at $35,000 or less (or $100,000 if the spouse is the sole heir).
- Summary Release from Administration: For estates under $5,000 or where the surviving spouse is entitled to support allowance up to $40,000 plus funeral reimbursement.
- 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 Union 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 around $140-$250)
- Next of Kin Form (Form 1.0)
E-filing may be available for certain case types; check with the court clerk for current procedures.
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 Union County (e.g., Marysville Journal-Tribune) if addresses are unknown
Step 4: Attend the Hearing
The court may schedule a hearing on the application. If approved, the judge issues Letters of Authority, granting the personal representative the power to act for 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
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting (Fiduciary's Account) to close the estate
Local Requirements
Union County-Specific Procedures
- Local Forms: The court may require specific local forms such as the Waiver of Service of Summons (Form C-1.01).
- Deposits: A deposit for court costs is required at the time of filing.
- Local Rules: Familiarize yourself with the Union County Local Rules of Court, particularly regarding attorney fees and guardianship reporting.
- Publication: Notice must be published in a newspaper of general circulation in Union County, such as the Marysville Journal-Tribune.
Always check the official court website for the most up-to-date local rules and fee schedules.
Timeline & Fees
Filing Fees (Union County)
- Full Administration Deposit: approximately $140-$250
- Release from Administration: approximately $100
- Summary Release: approximately $60-$75
- Certified copies: approximately $1-$2 per page plus certification fee
- Publication costs: approximately $60-$100 depending on the newspaper
Executor and administrator fees are set by Ohio statute based on the estate's value.
Payment Methods
The court typically 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: 1 year or more
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
Union County Court Resources
- Court Website: unioncountyohio.gov
- Probate Forms: Supreme Court of Ohio Forms
- Local Rules & Forms: Union County Probate Forms
Legal Aid and Attorney Referrals
- Ohio State Bar Association: (800) 282-6556 — ohiobar.org
- Legal Aid Society of Columbus: (614) 241-2001 — Provides services to surrounding counties
- Union County Bar Association: Contact local court for referral list
Publication
- Marysville Journal-Tribune: (937) 644-9111 — Newspaper of general circulation