Overview
Washington County is located in Ohio with a population of approximately 58,332. The Washington 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 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 two simplified procedures: Release from Administration for estates under $35,000 (or $100,000 if the spouse is the sole heir), and Summary Release from Administration for estates under $5,000 (or $45,000 if the spouse pays funeral expenses).
Ohio law sets a statutory fee schedule for attorneys and executors based on the value of the estate, though attorney fees must also be reasonable and approved by the court.
This guide provides an informational overview of the Washington 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
Washington County Probate Court
Probate matters in Washington County are handled at the Washington County Courthouse Annex.
Address: 205 Putnam Street, Marietta, OH 45750
Phone: (740) 373-6623 (ext. 2413)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
Probate Judge: Judge Timothy A. Williams
The Probate Court is located in the Courthouse Annex, adjacent to the historic Washington County Courthouse.
Parking and Access
Free 2-hour public parking is available at the Parking Partners lot on 2nd Street. Metered street parking is also available surrounding the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Release from Administration: For estates valued under $35,000 (or $100,000 if passing to a surviving spouse).
- Summary Release from Administration: For very small estates under $5,000, or up to $45,000 if the surviving spouse paid funeral expenses.
- 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 Washington County Probate Court. Include:
- Surviving Spouse, Children, Next of Kin, Legatees and Devisees (Form 1.0)
- Original Will and codicils (if any)
- Certified copy of the death certificate
- Filing fee deposit (typically ~$250)
- Fiduciary's Bond (Form 4.2), if required
Check with the court for current e-filing availability.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing
- Publish notice in a newspaper of general circulation in Washington County for three consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 6 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
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
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Washington County-Specific Procedures
- Local Forms: Washington County may require specific local forms in addition to standard state forms.
- Filing Deposits: A deposit is required at the time of filing to cover court costs.
- Counsel: While not strictly required, the court highly recommends retaining an attorney due to the complexity of probate law.
- Publication: Notice must be published in a newspaper of general circulation in Washington County for three consecutive weeks.
Local rules govern case management, deposits for court costs, and attorney fees. See court website for Rule 75.1 details.
Timeline & Fees
Filing Fees (Washington County)
- Full Administration Deposit: approximately $250
- Release from Administration: approximately $150
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $100-$150 depending on the newspaper
- Will for Record Only: approximately $95
Ohio executor fees are set by statute: 4% of first $100k, 3% of next $300k, 2% of excess.
Payment Methods
The court accepts cash, check, or money order. Credit cards may not be accepted or may incur a fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 1 year or more
Note any factors that affect timeline, e.g., creditor claim periods, court scheduling.
Local Resources
Washington County Court Resources
- Court Website: washingtongov.org
- Probate Self-Help: Washington County Probate Court
- Ohio Probate Forms: Supreme Court of Ohio Probate Forms
Legal Aid and Attorney Referrals
- Washington County Bar Association: (740) 373-6623 — Local bar contact via court
- Southeastern Ohio Legal Services: (800) 589-5888 — Legal aid for qualifying residents
- Ohio State Bar Lawyer Referral: ohiobar.org
Publication
- The Marietta Times: (740) 373-2121 — Newspaper of general circulation
- Parkersburg News and Sentinel: (304) 485-1891 — Regional newspaper