Elsass, Wallace, Evans & Co. has served Shelby County and the Sidney area for over 40 years with estate and financial planning, probate and trust administration, and tax law. Both named partners hold perfect Martindale-Hubbell 5.0/5.0 ratings, and the firm has been repeatedly voted Best Law Firm by Sidney Daily News readers.
What to Do When Someone Dies in Shelby County, Ohio
How probate works in Shelby County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Shelby County Probate Court
Shelby County
Phone
Hours
Monday-Friday 8:30 AM-4:00 PM
Office
100 East Court Street, 2nd Floor, Sidney, OH 45365
Website
Self-represented filing
Allowed
Self-help forms
Self-represented filing
AllowedThe court posts its forms and a checklist for each case type, a fees calculator, a costs estimate worksheet and a legal terms guide.
Accepted payment
- At the counterCash, Check, Money order.Court costs and fees are paid by cash, check or money order (Local Rule 57.1). The initial deposit for an estate matter is set in Appendix A of the local rules.
P.O. Box 4187
Sidney, OH 45365-4187
Fax
1-937-498-7260
Departments
- Court Calendar1-937-498-7264Questions about the online court calendar go to this line.
- Juvenile Court1-937-498-7255
About the court
- The Probate Court is on the second floor at 100 East Court Street and shares its mailbox and email with the Juvenile Court. It is closed on federal holidays and other court-ordered closures, posted on its office closures page.
Verified October 16, 2026 · Source
How Probate Works in Shelby 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 Shelby County, probate runs through the Probate Court at 100 East Court Street, 2nd Floor, Sidney.
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 Shelby County
What probate costs in Shelby 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 100 East Court Street, 2nd Floor, Sidney.
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 Shelby County are filed at the Probate Court. File in person during business hours or by mail.
Beside the filing office, the court lists separate lines for Court Calendar and Juvenile Court.
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 Shelby County Self-Filing Assessment.
Shelby 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
Faxed filings of up to twenty pages are accepted under Local Rule 57.1; original wills and codicils and documents that must be certified are not.
A faxed filing that requires a fee is filed once the court costs are paid, and service copies are not sent by fax.
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 Shelby County
In Ohio a death is registered locally, and in Shelby County certified copies of the death certificate are issued by Sidney-Shelby County Health Department, Vital Statistics as well as by Ohio Department of Health - Bureau of Vital Statistics.
Vital Records Office Record
Local Health Department
Shelby County · Sidney-Shelby County Health Department, Vital Statistics
Phone
Hours
Monday-Friday 7:30 AM-4:00 PM
Office
202 West Poplar Street, Sidney, OH 45365
Website
Order online
Fax
1-937-498-7013
Certified copy fees
| First certified copy | $25 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Shelby County · Shelby County Coroner's Office
Phone
Verified November 2, 2026 · Source
Transferring Property in Shelby 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 Shelby County are recorded with the County Recorder at 129 East Court Street, 2nd Floor, Sidney, OH 45365. Phone: 1-937-498-7270. Hours: Monday-Thursday 8:30 AM-4:30 PM; Friday 8:30 AM-noon.
The County Recorder charges $39 for the first 2 pages plus $8 for each page beyond 2.
Shelby County accepts electronic recording through CSC, ePN, Indecomm and Simplifile.
Recording Office Record
County Recorder
Shelby County
Phone
Hours
Monday-Thursday 8:30 AM-4:30 PM; Friday 8:30 AM-noon
Office
129 East Court Street, 2nd Floor, Sidney, OH 45365
Website
Fax
1-937-498-7272
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); Shelby County Recorder 2025 New 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 Shelby County
Ohio uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Shelby 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 Shelby 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.
Brown, Bemiller, Murray & Haring provides legal representation to clients in Richland County and North Central Ohio in probate and estate planning, covering wills, trusts, powers of attorney, living wills, guardianships, conservatorships, estate litigation, will contests, and federal estate tax preparation.
Eyer Law serves families throughout Crawford County and North Central Ohio with estate planning, elder law, probate, and Medicaid planning. Attorney Tani Eyer specializes in helping clients protect assets from Medicaid spend-down requirements.
Kick & Gilman serves Ashland County from offices in Ashland and Loudonville. The firm focuses on estate planning, Medicaid planning, asset protection, and estate administration, helping individuals, families, and businesses build and protect their assets. Voted Best Law Firm in Ashland County 2025.
Kidwell, Cunningham & Abrams serves Knox and Morrow counties from offices in Mount Vernon and Marengo. The firm handles estate planning, probate, real estate closings, title services, and small business formation. Founded in 2004, the practice has grown through partner additions.
M. Elizabeth Martindell provides probate, wills, trusts, and estate planning services to individuals and families in Marion and surrounding counties including Wyandot, Crawford, Morrow, Delaware, Union, and Hardin.
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); Shelby County Recorder 2025 New Fee Schedule
- Shelby County Probate Court, official page
- Shelby County Recorder, official page
- Shelby 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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