Required for attorneysEstate, guardianship, civil and miscellaneous cases are e-filed through the court's Tybera eFile system, and attorneys must use it (Local Rule 57.2). A filer who is not an attorney or registered user may file paper in person, by mail or at the court's kiosk, and the clerk enters it into the system. An original will or codicil is presented to the clerk before the case is opened, help with e-filing at the court requires arrival by 3:30 p.m., and the court does not accept fax filings. On paper: Filers who are not attorneys or registered users, who may file paper in person, by mail or at the court kiosk; Original wills and codicils, presented to the clerk before the case is opened; Documents under seal and exhibits that cannot be e-filed.
Self-represented filing
AllowedA self-represented filer may register for the eFile system or file paper with the clerk in person, by mail or at the court's kiosk. The Probate Resource Center gives free help from a licensed attorney with common estate filings.
Accepted payment
At the counterCash, Money order, Check, Credit card, Debit card.The court accepts cash, money orders, cashier's checks, checks from attorneys, title companies and trust companies, and American Express, MasterCard, Visa or Discover credit or debit cards with a convenience fee (Local Rule 58.1).
Self-help center
41 N. Perry St., Second Floor, Dayton1-937-225-4640 · (option 3) · Monday 9:00 AM-3:30 PM; Tuesday 9:00 AM-3:00 PM; Wednesday 9:00 AM-3:30 PM; Friday 9:00 AM-3:30 PMThe 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.
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.
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 Montgomery County
What probate costs in Montgomery 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 41 North Perry Street, 2nd Floor, Dayton.
Ohio's statute caps the general advance deposit at $125, but each county probate court sets its own full-administration deposit on top of itemized fees and special-fund surcharges, commonly $200 to $300. Cuyahoga asks $250, Hamilton $260, Summit $275 and Franklin $125 with $250 recommended. The deposit is drawn down as costs accrueORC § 2101.16 (as amended by HB 96, 136th GA, eff. 9/30/2025)Verified Oct 17, 2026View source. 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 Montgomery County, Ohio are filed at the Probate Court. It is one of at least 6 Ohio counties where probate e-filing is mandatory rather than optional.
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.
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.
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 Montgomery County
In Ohio a death is registered locally, and in Montgomery County certified copies of the death certificate are issued by Public Health - Dayton & Montgomery County, Office of Vital Statistics as well as by Ohio Department of Health - Bureau of Vital Statistics.
Vital Records Office Record
Local Health Department
Montgomery County · Public Health - Dayton & Montgomery County, Office of Vital Statistics
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 Montgomery County are recorded with the County Recorder at 451 West Third Street, Dayton, OH 45422. Phone: 1-937-225-4275. Hours: Monday-Friday 8:00 AM-5:00 PM.
The County Recorder charges $39 for the first 2 pages plus $8 for each page beyond 2.
Montgomery County accepts electronic recording through Simplifile.
Ohio uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Montgomery 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 Montgomery 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.
Kettering-area solo practice off East Dorothy Lane, handling matters before the Montgomery and Greene county probate courts. Represents executors and beneficiaries through estate administration and asset distribution, and sets up guardianships for incapacitated adults. Estate planning, probate, and guardianship make up the core of the practice.
Dungan & LeFevre traces its origins to 1905 in downtown Troy and was formed in its current configuration through a 1991 merger. The full-service firm handles estate planning, probate and trust administration, elder law, and business succession from offices in Troy and Greenville, serving Miami and Darke counties.
Washington Township firm just south of Dayton, appearing in the Montgomery and Greene county probate courts. Guides families through estate administration after a death, along with guardianships, adoptions, and trust administration, and handles long-term-care and Medicaid asset-protection work for aging clients. Special needs planning rounds out the settlement-side practice.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more
Office
8039 Washington Village Drive, Suite 110Washington Township, OH 45458
Coolidge Wall has served the Dayton area since 1853 and has stayed true to its Dayton roots. Their estate planning attorneys have extensive experience with probate administration, post-mortem planning, and business succession.
Gudorf Law Group has served Ohio since 1992 with estate planning, elder law, probate, and trust administration. The firm includes two OSBA Board Certified Specialists in Estate Planning, Trust & Probate Law, a distinction held by fewer than 200 attorneys statewide.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 5 more
StachlerHarmon Attorneys at Law has represented hundreds of clients in the Dayton area in probate and estate planning matters for over 25 years. The firm handles estate planning, wills, trusts, probate administration, probate litigation, and guardianships.
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.
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.
Enter the estate value to see Ohio attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
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See whether you can file probate yourself
Enter the estate value to see whether Ohio lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
