A Lebanon general practice serving Warren County and greater Cincinnati, filing in the Warren County Probate Court on Memorial Drive. Handles probate and elder law alongside real estate, foreclosure, and small business matters — the mix of work an estate often needs when a family also has property or a business to settle.
What to Do When Someone Dies in Butler County, Ohio
How probate works in Butler County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Butler County Probate Court
Butler County
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
101 High Street, 2nd Floor, Hamilton, OH 45011
Website
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
Filing in person
Walk-ins acceptedEstate filings are taken at the counter during business hours. Marriage license applications are started online, and no marriage walk-ins are taken after 3:30 p.m.
Self-represented filing
AllowedA person may represent themselves in Probate Court and is held to the same rules and procedures as a represented party. Adopting a minor requires an agency or attorney.
Accepted payment
- At the counterCourt costs and marriage fees may be paid online through the Point and Pay portal.
Fax
1-513-887-3625
Departments
- Estates1-513-785-5329Also 513-785-6611.
- Estate Inventories and Accounts1-513-887-3295Also 513-887-3406 and 513-887-3269.
- Estate Attorney Fees1-513-887-3767
- Estate Transfers1-513-887-3626Also 513-785-5329.
- Adult Guardianships1-513-785-3302Also 513-785-6358 for incompetency guardianships.
- Civil Actions and Trusts1-513-887-5608Civil actions also 513-887-3244.
- Name Change and Birth Records1-513-785-6611
- Marriage License1-513-887-3300Also 513-887-3299 and 513-887-3325.
About the court
- The court is on the second floor of the historic Butler County Courthouse. No appearance is required for hearings scheduled before 9:00 a.m.
Verified October 16, 2026 · Source
How Probate Works in Butler County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Butler County, probate runs through the Probate Court at 101 High Street, 2nd Floor, Hamilton.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Ohio intestacy law when there is no will.
Most Ohio estates take 9 months to 12 months to move through this process. Creditors have 6 monthsR.C. §§ 2117.06, 2117.07, 2117.12, 2117.25Verified Oct 19, 2026View source to present a claim, counted from the date of death.
What Probate Costs in Butler County
What probate costs in Butler County, Ohio comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Probate Court at 101 High Street, 2nd Floor, Hamilton.
The Probate Court charges $200ORC § 2101.16 (as amended by HB 96, 136th GA, eff. 9/30/2025)Verified Oct 17, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Ohio are negotiated, typically 1.8%Modeled estimate under ORC § 2113.36 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under ORC § 2113.36 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Ohio sets executor compensation by statute — about $15,000 on a $500,000 estate, roughly 3.0%ORC § 2113.35Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under ORC §§ 2109.04, 2109.09Verified Sep 8, 2026View source of estate value annually.
Probate in Ohio typically runs 9 months to 12 months, and costs accrue throughout that period.
How to File Probate at the Probate Court
Probate cases in Butler County are filed at the Probate Court. File in person during business hours or by mail.
Beside the filing office, the court lists separate lines for Estates, Estate Inventories and Accounts, Estate Attorney Fees, and Estate Transfers.
Can You File Without an Attorney?
In Ohio, informal probate is not availableORC §§ 2107.18, 2113.05 (probate court admits the will and issues letters; no registrar/clerk track)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
For a full cost comparison and filing checklist, see the Butler County Self-Filing Assessment.
What to Bring
Filed with the opening petition at the Probate Court: Certified copy of the death certificate (standard county Probate Court filing requirement); If there is a will: the original will plus a SEPARATE Application to Probate Will (Form 2.0) [R.C. 2107.11, 2107.18, 2107.19] — the will must be admitted before letters testamentary can issue (R.C. 2113.05), and Form 4.0 only offers the checkbox "Decedent's Will has been admitted to probate in this Court"; Application for Authority to Administer Estate (Form 4.0), with the names/addresses of the surviving spouse and next of kin and a statement of estate value (R.C. 2113.07)R.C. 2113.05/2113.06 (grant of letters); R.C. 2109.02, 2109.07 (acceptance & application for authority); R.C. 2113.07 (application contents); Ohio Civ.R. 73.2 (standard probate forms), 73.11 (application for letters of authority; notice)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Butler County
In Ohio a death is registered locally, and in Butler County certified copies of the death certificate are issued by Butler County General Health District, Vital Statistics as well as by Ohio Department of Health - Bureau of Vital Statistics.
Vital Records Office Record
Local Health Department
Butler County · Butler County General Health District, Vital Statistics
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
301 South Third Street, Hamilton, OH 45011
Website
Certified copies
At the counter
Order online
Fax
1-513-863-4372
City registration districts
- Hamilton · City of Hamilton Health Department, Vital Statistics1-513-785-7094 · 345 High Street, Suite 330, Hamilton, OH 45011
- Middletown · City of Middletown Health Department, Vital Statistics1-513-425-1818 · One Donham Plaza, Middletown, OH 45042
Local rule
- A death certificate comes from the health department for the place of death: the cities of Hamilton and Middletown hold their own.
Certified copy fees
| First certified copy | $25 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Butler County · Butler County Coroner's Office
Verified November 2, 2026 · Source
Transferring Property in Butler County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Recorder.
Deeds and other real property documents for Butler County are recorded with the County Recorder at 130 High Street, 2nd Floor, Hamilton, OH 45011. Phone: 1-513-887-3192. Hours: Monday-Friday 8:00 AM-4:30 PM.
The County Recorder charges $39 for the first 2 pages plus $8 for each page beyond 2.
Butler County accepts electronic recording through Simplifile, CSC and ePN.
Recording Office Record
County Recorder
Butler County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
130 High Street, 2nd Floor, Hamilton, OH 45011
Website
E-recording
Fax
1-513-887-3198
Recording fees
| Base fee (first 2 pages) | $39 |
| Each page beyond 2 | $8 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
ORC 317.32(A)(1)(a)-(b); ORC 317.36(A); Butler County Recorder 2025 Fee Schedule
Verified October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Death Form · Affidavit of Heirship Form
Probate Attorneys Serving Butler County
Ohio uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Butler County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Ohio are based on reasonable compensation, billed hourly or as a flat fee. Ask a Butler County firm to quote a structure up front.
A probate attorney files the petition with the Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Butler County firm with offices in West Chester and downtown Hamilton, filing in the Butler County Probate Court and neighboring courts. Assists executors and trustees with estate administration and trust settlement, and handles the transfer of family-business interests when an owner dies. One of the oldest continuously operating practices in the region.
Serves Hamilton County from Montgomery Road in northeast Cincinnati, filing in the Hamilton County Probate Court. Its estate planning and administration practice carries estates and trusts through settlement for owners of family and closely held businesses, with the related tax work those estates raise. Mark Stiebel is an OSBA certified specialist in Estate Planning and Probate Law.
Mason office covering the Warren County Probate Court and neighboring Butler, Hamilton, Clermont, and Clinton county courts. Works with executors and heirs moving assets through probate, along with trust drafting and asset-protection planning for families before death. Initial case reviews are offered in person, by phone, or by video conference.
Kenwood-based practice serving the Hamilton County Probate Court and the surrounding Butler, Warren, and Clermont county courts. Handles trust settlement and estate administration for surviving spouses and adult-child executors, including Medicaid asset recovery and special needs beneficiary situations. Free consultation.
Rosenbauer Law Office is an estate planning firm in West Chester serving the greater Cincinnati area. Founded in 2012 by Nicholas Rosenbauer, the firm focuses exclusively on estate planning, trust administration, and probate with a personalized, family-first approach.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(9)·
- ORC § 2101.16 (as amended by HB 96, 136th GA, eff. 9/30/2025)
- ORC § 2113.35
- ORC §§ 2107.18, 2113.05 (probate court admits the will and issues letters; no registrar/clerk track)
- R.C. §§ 2117.06, 2117.07, 2117.12, 2117.25
- R.C. 2113.05/2113.06 (grant of letters); R.C. 2109.02, 2109.07 (acceptance & application for authority); R.C. 2113.07 (application contents); Ohio Civ.R. 73.2 (standard probate forms), 73.11 (application for letters of authority; notice)
- ORC 317.32(A)(1)(a)-(b); ORC 317.36(A); Butler County Recorder 2025 Fee Schedule
- Butler County Probate Court, official page
- Butler County Recorder, official page
- Butler County vital records and death investigation offices, official page
Data sourced from Ohio statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Ohio
Free tools for settling an estate in Ohio: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Ohio.
How Do I Settle an Estate?
Settling an estate in Ohio: the personal representative files the estate inventory within 90 daysR.C. §§ 2115.02, 2115.06, 2113.69Verified Sep 15, 2026View source of appointment; creditors have 6 monthsR.C. §§ 2117.06, 2117.07, 2117.12, 2117.25Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Ohio happens outside court: the trustee acts under the state's Uniform Trust CodeORC § 5801.01 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysR.C. §§ 5808.13, 5810.05Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
In Ohio, informal probate is not availableORC §§ 2107.18, 2113.05 (probate court admits the will and issues letters; no registrar/clerk track)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
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