Ohio Inheritance: Plan an Estate or Settle One

Ohio has not adopted the Uniform Probate CodeORC Title 21 (Chs. 2101-2131), Ohio's own probate code; the UPC was not enactedVerified Sep 8, 2026View source, has enacted the Uniform Trust CodeORC § 5801.01 et seq.Verified Oct 17, 2026View source, and has adopted the Uniform Power of Attorney ActORC §§ 1337.21–1337.64Verified Sep 18, 2026View source.

Probate of a simple estate in Ohio runs 6 months to 9 months; an average estate takes 9 months to 12 months. The court filing fee is $200ORC § 2101.16 (as amended by HB 96, 136th GA, eff. 9/30/2025)Verified Sep 8, 2026View source; attorney fees are reasonable compensationORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. On a $500,000 estate the estimated total comes to $26,234ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. The personal representative must post a bondORC §§ 2109.04, 2109.09Verified Sep 8, 2026View source, which the will may waiveORC §§ 2109.04, 2109.09Verified Sep 8, 2026View source.

Certified death certificates come from the Ohio Department of Health - Bureau of Vital StatisticsOhio Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source at $22Ohio Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source a copy. Processing time: Online: processed within five business days, then about three weeks by USPS; mail: 4-6 weeksOhio Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source. Once appointed, the personal representative files the estate inventory within 90 daysR.C. §§ 2115.02, 2115.06, 2113.69Verified Sep 15, 2026View source of appointment.

A surviving spouse left out of the will can elect to take a statutory share insteadR.C. §§ 2106.01, 2105.06, 3103.061, 2106.22Verified Sep 15, 2026View source. The family allowance during administration is capped at $40,000R.C. § 2106.13Verified Sep 15, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsR.C. §§ 5814.04, 5814.09Verified Sep 15, 2026View source of age. Ohio taxes incomeOhio Rev. Code § 5747.02Verified Sep 20, 2026View source at a top rate of 2.75%Ohio Rev. Code § 5747.02Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: ordinary income tax at the state's regular ratesR.C. § 5747.02 (rate schedule)Verified Sep 15, 2026View source.