What to Do When Someone Dies in Fayette County, Ohio

Probate in Fayette County runs through the Probate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Fayette County, settling their estate runs through the Probate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Probate Court

Fayette County

Address

110 E. Court St., 2nd Fl.Washington Court House, OH 43160

Fax

740-333-3598

Hours

Monday - Friday, 8:00 AM - 4:00 PM
Visit court website →
Paper filing availableE-filing optional

Accepted paymentCourt publishes a dedicated "Probate Court Online Payment" link for probate court costs (separate from municipal and clerk of courts payments).

County forms

Verified July 5, 2026 · Source

How Probate Works in Fayette 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 Fayette County, probate runs through the Probate Court at 110 E. Court St., 2nd Fl., Washington Court House. Probate e-filing in Fayette County goes through fayette-co-oh.com, a county-specific system.

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. The 6 monthsORC § 2117.06 (eff. 4-3-2023, SB 202, 134th GA)Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

What Probate Costs in Fayette County

What probate costs in Fayette 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 110 E. Court St., 2nd Fl., Washington Court House.

Ohio charges $200ORC § 2101.16 (as amended by HB 96, 136th GA, eff. 9/30/2025)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

The Probate Court accepts e-filing (https://www.fayette-co-oh.com/272/Probate-Court). Paper filing remains available for self-represented filers.

Estimate the costs for this estate:

Attorney fees in Ohio are negotiated, typically 1.8%ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.8%ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Executor compensation is also statutory in Ohio. Family executors 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%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 documents in Fayette County can be filed in person at the Probate Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person at the court or by mail.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Probate Court is realistic.

For a full cost comparison and filing checklist, see the Fayette County Self-Filing Assessment.

Fayette County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Court Appearances

Marriage licenses are issued by appointment only. Call 740-335-0640 to schedule.

Source

Fayette County Forms

This county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.

Fayette County Short Form Release of Administration

Download

County-specific abbreviated release-from-administration filing ($73.00 deposit).

Before You Go

Accepted payment

Court publishes a dedicated "Probate Court Online Payment" link for probate court costs (separate from municipal and clerk of courts payments).

What to Bring

To file at the Probate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

Transferring Property in Fayette 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 Fayette County are recorded with the County Recorder at 133 S. Main St., Suite 305, Washington Court House, OH 43160. Phone: 740-335-1770. Hours: Monday - Friday, 8:00 AM - 4:00 PM.

The County Recorder charges $34 for the first 2 pages plus $8 for each page beyond 2.

Fayette County accepts electronic recording through Simplifile.

Recording Office Record

County Recorder

Fayette County

Address

133 S. Main St., Suite 305Washington Court House, OH 43160

Fax

740-333-3521

Hours

Monday - Friday, 8:00 AM - 4:00 PM

E-recording

Available via SimplifileE-recording info →
Visit recorder website →

Recording fees

Base fee (first 2 pages)$34
Each page beyond 2$8
Transfer tax on a TOD deedExempt

ORC 317.32(A)(1); ORC 317.36(A)

Verified September 8, 2026 · Source

Probate Attorneys Serving Fayette County

Ohio uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Fayette 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 — typically 1.8%ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.8%ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Fayette 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.

FirmWashington Court House, OH

Butler & Marshall Attorneys at Law

Since 1984 · Serves 5 counties

Butler & Marshall has served the Tri-County area from Washington Court House since 1984. The firm handles wills, estates, trusts, probate, bankruptcy, family law, and real estate for clients across Fayette, Pickaway, Ross, Madison, and Clinton counties.

PracticesEstate PlanningTrust AdministrationProbate

Office
106 West East StreetWashington Court House, OH 43160

Solo PracticeHillsboro, OH

Schroeder Law Group

Serves 6 counties

Schroeder Law Group serves Highland County and surrounding southern Ohio communities from Hillsboro. Attorney James Schroeder handles estate planning, probate, real estate, business law, and nonprofit formation. Licensed in Ohio, New Jersey, New York, Pennsylvania, and the District of Columbia.

PracticesEstate PlanningProbate

Office
338 West Main StreetHillsboro, OH 45133
Free consultation

Solo PracticeCircleville, OH

Tootle Law Office

Since 2011 · Serves 5 counties

Tootle Law Office serves Pickaway and Ross counties from Circleville, handling probate, estate planning, elder law, and wills. Attorney Matthew Tootle also serves clients in Ashville, Kingston, Laurelville, Amanda, Lancaster, Logan, and Washington Court House.

PracticesEstate PlanningProbateElder Law

Office
180 West Franklin Street, #1614Circleville, OH 43113

FirmGallipolis, OH

Cherrington, Moulton & Evans

Since 1908

A family-run practice in Gallipolis, across from the Gallia County Courthouse, serving Gallia, Jackson, and Meigs counties since 1908. Attorney David C. Evans handles estate administration and probate, wills, guardianships, powers of attorney, and living wills.

PracticesEstate PlanningProbate

Office
463 2nd AvenueGallipolis, OH 45631

FirmPortsmouth, OH

Hoover Law Group LLC

Since 1989

Hoover Law Group serves southern Ohio and northern Kentucky from offices in Portsmouth and Waverly. The firm has been in operation since 1989. Their attorneys bring diverse courtroom experience, having served as a judge, magistrate, and litigators.

PracticesEstate PlanningProbate

Office
621 7th StreetPortsmouth, OH 45662

FirmZanesville, OH

Kincaid, Taylor & Geyer

Since 1895

Kincaid, Taylor & Geyer is the oldest continuously practicing law firm in Muskingum County, with roots tracing to 1895. The firm provides estate planning and administration services ranging from simple wills and powers of attorney to complex estate and tax planning for families that own businesses.

PracticesEstate PlanningTrust AdministrationProbateTax PlanningGuardianship

Office
50 North Fourth StreetZanesville, OH 43701
See all 23 firms serving Fayette County→

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.

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Legal Sources

Data sourced from Ohio statutes and official state code. How we research.