Estate administration involves the court overseeing the transfer of a decedent's probate assets to beneficiaries and heirs. The court accomplishes this task by appointing a fiduciary, either an executor or an administrator, who collects the assets, pays any outstanding debts, and then distributes the remaining assets to those who are entitled to receive them. The court supervises the actions of the fiduciary by requiring a bond, when necessary, and the filing of various documents, including an inventory and an accounting.
General Information
There are various methods by which a person's probate estate can pass through the Probate Court. The determination of which method is best depends on the facts in each probate estate.
A filing fee is required when filing an estate. The amount of the fee is based upon the type of estate you are opening. There may be additional court costs required during the administration of the estate. We do not accept credit cards.
We accept filings in person or by mail. If you wish for any file-stamped documents to be returned to you, a self-addressed, stamped return envelope should be provided to the Court.
The Miami County Probate Court personnel are prohibited by law to provide legal advice or to assist in filling out forms.
Three major types of Estates are:
A filing fee is required when filing an estate. The amount of the fee is based upon the type of estate you are opening. There may be additional court costs required during the administration of the estate. We do not accept credit cards.
We accept filings in person or by mail. If you wish for any file-stamped documents to be returned to you, a self-addressed, stamped return envelope should be provided to the Court.
The Miami County Probate Court personnel are prohibited by law to provide legal advice or to assist in filling out forms.
Three major types of Estates are:
A Summary Release from Administration may be filed if:
Any person filing a Summary Release From Administration should bring with them the following documents:
- If the application is filed by the decedent’s surviving spouse, the value of the probate assets may not exceed $42,000.00 for deaths before October 12, 2006 or $45,000.00 for deaths on or after October 12, 2006. The spouse must be entitled to the entire support allowance provided for under Section 2106.13 of the Revised Code and the decedent’s funeral and burial expenses have either been prepaid or the spouse is obligated to pay the funeral bill, or
- The value of the probate assets may not exceed $2,000.00 for deaths prior to October 12, 2006 or $5,000.00 for deaths on or after October 12, 2006 and the applicant has paid or is responsible for the decedent's funeral bill and burial expenses.
Any person filing a Summary Release From Administration should bring with them the following documents:
- A list of the names and addresses for all of the decedent's next of kin and the names and addresses of the persons named in any Last Will and Testament.
- Funeral bill and/or paid funeral receipt that shows who is responsible for the funeral expenses and/or who paid the funeral expenses.
These forms can be used for estates with less than $35,000.00 in assets unless there is a surviving spouse. If there is a surviving spouse and he/she receives all of the assets of the estate, these forms can be used for up to $100,000.00 in assets. For dates of death after March 18, 1999, the value of assets is eligible for a Release of Administration if less than these amounts.
The decedent's Last Will and Testament, if any, should be submitted to the court and may also need to be probated. If said Last Will and Testament does need to be probated, an Application to Probate Will form should be completed. Notice of probate of the will must be given or waiver of notice of the probate of the will must be obtained and a Certificate of Service of Notice of Probate of Will form must be filed with this court.
The person appointed as Commissioner may also need to be bonded. The Court will determine if bond is necessary at the time of appointment.
The decedent's Last Will and Testament, if any, should be submitted to the court and may also need to be probated. If said Last Will and Testament does need to be probated, an Application to Probate Will form should be completed. Notice of probate of the will must be given or waiver of notice of the probate of the will must be obtained and a Certificate of Service of Notice of Probate of Will form must be filed with this court.
The person appointed as Commissioner may also need to be bonded. The Court will determine if bond is necessary at the time of appointment.
A full administration filing is more involved and this Court would encourage any person interested in pursuing a full administration to retain experienced probate counsel.
If the fiduciary fails to file documents on a timely basis, the Court will issue a Citation Order to the fiduciary. This Order will be served by certified mail. The fiduciary may be fined or removed if he or she fails to comply with the Court's Citation Order.
A fiduciary that fails to timely perform his/her duties is subject to being removed by the Court. In some cases, the fiduciary may be held personally liable for any damages caused to an estate due to his/her failure to properly perform his/her duties.
If there is a problem in the administration of an estate, please contact an attorney.
If the fiduciary fails to file documents on a timely basis, the Court will issue a Citation Order to the fiduciary. This Order will be served by certified mail. The fiduciary may be fined or removed if he or she fails to comply with the Court's Citation Order.
A fiduciary that fails to timely perform his/her duties is subject to being removed by the Court. In some cases, the fiduciary may be held personally liable for any damages caused to an estate due to his/her failure to properly perform his/her duties.
If there is a problem in the administration of an estate, please contact an attorney.
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