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.
What to Do When Someone Dies in Perry County, Ohio
How probate works in Perry County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Perry County Probate Court
Perry County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
105 North Main Street, New Lexington, OH 43764
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
OptionalUnder Local Rule 8 the court accepts filings through the Henschen e-filing system, by fax or by email, 24 hours a day. A submission is pending until court staff review and accept it. A fee-bearing e-filing is paid through the system's online payment function; a fee-bearing fax or email filing is paid by cash, check or money order within three days.
Self-represented filing
AllowedThe court's Court Forms link goes to the Supreme Court of Ohio standard probate forms. Deputy clerks are prohibited by law from giving legal advice or helping prepare forms.
Accepted payment
- At the counterCash, Check, Money order.The court conducts business on a cash and check basis and does not accept debit or credit cards (Local Rule 14). Filing fees on documents filed through the e-filing system are paid online in that system.
P.O. Box 167
New Lexington, OH 43764
Fax
1-740-342-5524
Departments
- Marriage License1-740-342-1493 · Monday-Friday 8:00 AM-3:45 PM
About the court
- The Probate Court is the Probate Division of the Perry County Court of Common Pleas. Deputy clerks are prohibited by law from giving legal advice or helping prepare forms.
Verified October 16, 2026 · Source
How Probate Works in Perry 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 Perry County, probate runs through the Probate Court at 105 North Main Street, New Lexington. Probate e-filing in Perry County goes through efile.henschen.com, a system used by at least 7 Ohio counties.
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 Perry County
What probate costs in Perry 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 105 North Main Street, New Lexington.
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 documents in Perry 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. Electronic probate filing sets Perry County apart — only at least 32 Ohio counties accept it, with the rest filing on paper.
Beside the filing office, the court lists a separate line for Marriage License.
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 Perry County Self-Filing Assessment.
Perry County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Filings that open a new case or need a payment receipt must be filed by 3:45 p.m.
Local Rule 6 sets court hours of 8:00 a.m. to 4:00 p.m., Monday through Friday, with a 3:45 p.m. cutoff for filings that need a new case number or a payment receipt.
SourceDocument Requirements
Every page of a filing carries the case number, with original signatures on one-sided 8.5 by 11 inch paper.
Under Local Rule 9, duplicate copies are filed with a self-addressed stamped envelope for their return, and the attorney may not sign for the fiduciary.
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 Perry County
In Ohio a death is registered locally, and in Perry County certified copies of the death certificate are issued by Perry County Health Department, Vital Statistics as well as by Ohio Department of Health - Bureau of Vital Statistics.
Vital Records Office Record
Local Health Department
Perry County · Perry County Health Department, Vital Statistics
Phone
Office
2235 State Route 13, New Lexington, OH 43764
Website
Certified copies
At the counter
Fax
1-740-342-5540
Burial and cremation permits
- Issued byPerry County Health Department, Vital Statistics
Certified copy fees
| First certified copy | $25 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Perry County · Perry County Coroner's Office
Phone
Hours
Monday-Wednesday, Friday 8:30 AM-4:00 PM
Office
400 South Columbus Street, Somerset, OH 43783
Website
Mail and offices
Fax
1-740-743-2346
Verified November 2, 2026 · Source
Transferring Property in Perry 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 Perry County are recorded with the County Recorder at 212 South Main Street, New Lexington, OH 43764. Phone: 1-740-342-2494. 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.
Recording Office Record
County Recorder
Perry County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
212 South Main Street, New Lexington, OH 43764
Website
Fax
1-740-342-5539
Recording fees
| Base fee (first 2 pages) | $34 |
| Each page beyond 2 | $8 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
ORC 317.32(A)(1); ORC 317.36(A)
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 Perry County
Ohio uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Perry 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 Perry 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.
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.
MDS Law Ohio was founded in 2022 by Matthew D. Scott, who has prepared over 2,500 estate plans across California, Ohio, and West Virginia. The firm provides estate planning, wills, trusts, probate administration, elder law, and business succession services to families in Washington County and the greater Marietta area.
Rutherford Law Office was established in 1998 in Chillicothe and serves Ross County and surrounding Southeast Ohio communities. Attorney Sherri K. Rutherford is a member of the OSBA committees on Elder Law and Estate Planning, Trust and Probate Law. The firm handles wills, trusts, probate, and Medicaid planning.
Serves Jackson County and southeast Ohio from Jackson. Attorney Richard M. Lewis handles estate planning and probate, including wills, trusts, and the settlement of estates through probate court. In practice for over four decades.
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); ORC 317.36(A)
- Perry County Probate Court, official page
- Perry County Recorder, official page
- Perry 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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