Estate Planning & Probate in Montgomery County, Ohio
There are two reasons people look up Montgomery County probate: to keep a family out of it, or to get a loved one's estate through it. Pick the path that fits, then work from the local Probate Court details.
Someone died — settling an estate
Filing probate at the Probate Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in Montgomery County →Planning ahead as a property owner
Keep a Montgomery County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Montgomery County →The Probate Process in Montgomery 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 Montgomery County, probate runs through the Probate Court at 41 North Perry Street, 2nd Floor, Dayton. Montgomery County runs probate e-filing through go.tybera.net, its own system rather than a shared statewide portal.
Full Montgomery County probate guide: cost, how to file & attorneys →Probate Court Record
Montgomery County Probate Court
Montgomery County
Phone
Hours
Office
Website
E-filing
Self-represented filing
Self-help forms
How to file probate in Montgomery County →
Verified October 16, 2026 · Source
Recording Office Record
County Recorder
Montgomery County
Phone
Hours
Office
Website
Recording fee
E-recording
Verified October 16, 2026 · Source
Vital Records Office Record
Local Health Department
Montgomery County · Public Health - Dayton & Montgomery County, Office of Vital Statistics
Phone
Hours
Office
Website
Certified copies
Order online
Certified copy fee
Full death certificate details →
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Montgomery County · Montgomery County Coroner's Office
Full coroner or medical examiner details →
Verified November 2, 2026 · Source
Local Procedures at the Probate Court
The Probate Resource Center, a joint program of the Public Defender and the Probate Court, gives access to a licensed attorney for safe deposit box and financial-information commissioners, certificates of transfer, summary releases, releases from administration, initial full administration filings and adult guardianship of the person. Mondays and Tuesdays are walk-in only, Wednesdays and Fridays are by appointment at Calendly or by phone, and there are no consultations on Thursdays.
Filings that open a new case or require payment of costs are made by 4:15 p.m.
Montgomery County is one of at least 32 Ohio counties that accept probate e-filing; most probate courts in the state still take filings on paper.
Forms for Planning and Settling an Estate in Ohio
Free Ohio forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Ohio and download the PDF.
Last Will and Testament
In Ohio, a will is signed before 2ORC § 2107.03Verified Oct 19, 2026View source witnesses, and no self-proving affidavit is availableORC § 2107.03Verified Oct 19, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Ohio, a pour-over will is signed before 2ORC § 2107.03Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
Ohio allows a choice for a healthcare power of attorney: 2ORC § 1337.17Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
Ohio treats a power of attorney as durable by defaultORC §§ 1337.21–1337.64Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementORC §§ 1337.21–1337.64Verified Oct 21, 2026View source.
Tools for Planning and Settling an Estate in Ohio
Free calculators and checklists to plan or settle an estate in Ohio: will and trust costs, probate, executor pay 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.
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.
Do I Need Probate?
In Ohio, estates valued at $35,000codes.ohio.gov: ORC § 2113.03Verified Sep 8, 2026View source or less qualify for the Release from Administrationcodes.ohio.gov: ORC § 2113.03Verified Sep 8, 2026View source, a court procedure short of full probate.
Who Inherits Without a Will?
Without a will in Ohio, a surviving spouse takes the entire estateORC § 2105.06Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationORC §§ 2105.11 to 2105.13Verified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Ohio costs an estimated $26,234ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 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 the estate under a reasonable-compensation standard.
Ohio Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Montgomery County.
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