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.
What to Do When Someone Dies in Fayette County, Ohio
How probate works in Fayette County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Fayette County Probate Court
Fayette County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
110 East Court Street, 2nd Floor, Washington Court House, OH 43160
Website
Self-represented filing
Allowed
Accepted payment
- At the counterProbate court costs can be paid online through the court's Probate Court Online Payment link, which does not take municipal court or clerk of courts payments.
Fax
1-740-333-3598
Verified October 16, 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 East Court Street, 2nd Floor, Washington Court House.
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 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 East Court Street, 2nd Floor, Washington Court House.
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 Fayette County are filed at the Probate Court. File in person during business hours or by mail.
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 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 license applications are by appointment only; call 740-335-0640 to schedule and submit the online application first.
SourceWhat 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 Fayette County
In Ohio a death is registered locally, and in Fayette County certified copies of the death certificate are issued by Fayette County Public Health, Vital Statistics Division as well as by Ohio Department of Health - Bureau of Vital Statistics.
Vital Records Office Record
Local Health Department
Fayette County · Fayette County Public Health, Vital Statistics Division
Phone
Office
317 South Fayette Street, Washington Court House, OH 43160
Website
Certified copies
At the counter
Fax
1-740-333-3528
Local rule
- A death certificate comes from the county where the death took place.
Certified copy fees
| First certified copy | $25 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Fayette County · Fayette County Coroner
Verified November 2, 2026 · Source
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 South Main Street, Suite 305, Washington Court House, OH 43160. Phone: 1-740-335-1770. Hours: Monday-Friday 8:00 AM-4:00 PM.
The County Recorder charges $39 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
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
133 South Main Street, Suite 305, Washington Court House, OH 43160
Website
E-recording
Fax
1-740-333-3521
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); Fayette County Recorder 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 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, 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.
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.
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.
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.
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.
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.
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); Fayette County Recorder fee schedule
- Fayette County Probate Court, official page
- Fayette County Recorder, official page
- Fayette 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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