ProbateUS
Probate Court

Miami County

Ohio

937-440-6050

Court Location & Contact

Address

201 W. Main St., 2nd Floor Troy, OH 45373

Fax

937-440-3529

Filing Fees

Miami County, Ohio

Fee TypeAmount
Person Only$275
Estate Only$300
Person & Estate$300

Judges & Officers

SA
Scott Altenburger

Probate Forms Library

109 fillable forms — scroll to browse

10.010.0 Application to Distribute In KindcountyDownload
10.210.2 Notice of Hearing on Application to Distribute In KindcountyDownload
11.011.0 Consent to Power to Sell Real EstatecountyDownload
12.012.0 Application for Certificate of TransfercountyDownload
13.013.0 Fiduciary's AccountcountyDownload
13.1013.10 Notice to Extend AdministrationcountyDownload
13.213.2 Assets Remaining in Fiduciary's HandscountyDownload
13.413.4 Waiver of Partial AccountcountyDownload
13.513.5 Notice of Hearing on AccountcountyDownload
13.713.7 Waiver of Notice of Hearing on AccountcountyDownload
13.813.8 Application for Additional Extension to Administer EstatecountyDownload
13.913.9 Certificate of Service of Account to Heirs and BeneficiariescountyDownload
14.014.0 Application to Approve Settlement and Distribution of Wrongful Death and Survival ClaimscountyDownload
14.114.1 Waiver and Consent - Wrongful Death and Survival ClaimscountyDownload
14.214.2 Entry Approving Settlement and Distribution of Wrongful Death and Survival ClaimscountyDownload
14.314.3 Report of Distribution of Wrongful Death and Survival ClaimscountyDownload
20.020.0 Application for Appointment of ConservatorcountyDownload
20.120.1 Judgment Entry Appointment of ConservatorcountyDownload
20.220.2 Letters of ConservatorshipcountyDownload
20.320.3 Conservators BondcountyDownload
20.420.4 Fiduciary's AcceptancecountyDownload
20.520.5 Conservator's InventorycountyDownload
20.620.6 Application to Release Funds to ConservatorcountyDownload
20.720.7 Application for Authority to Expend FundscountyDownload
20.820.8 Conservator's AccountcountyDownload
20.920.9 Oath of ConservatorcountyDownload
24.224.2 Notice of Hearing on Representation of Insolvency and Schedule of ClaimscountyDownload
24.324.3 Verification of Service Notice of Hearing on Representation of Insolvency and Schedule of ClaimscountyDownload
24.424.4 Schedule of ClaimscountyDownload
24.524.5 Continuation Schedule of ClaimscountyDownload
Affidavit Listing Three AttemptscountyDownload
4505Affidavit to Transfer Title of AutomobilecountyDownload
1.0Application for Appointment of a Commissioner to Report on the Contents of a Safe Deposit BoxcountyDownload
Application for Transfer of Watercraft, Mobile Home, Motor, Recreational Vehicle, TrailercountyDownload
1.0Application for Will for Record OnlycountyDownload
Application Requesting Permission to Broadcast, Televise, Photograph, Record Courtroom ProceedingscountyDownload
Application to Admit Authenticated RecordcountyDownload
Application to Deposit Funds into the County TreasurycountyDownload
Application to Dispense with Filing the Inventory and Final Account, Discharging the Fiduciary and/or to Terminate the EstatecountyDownload
Application to Pay AppraisercountyDownload
1.0Application to Release Medical Records and Medical Billing RecordscountyDownload
1.0Application to Reopen Estate and Qualify FiduciarycountyDownload
Bond SufficiencycountyDownload
Child's Residency AffidavitcountyDownload
Computation of Fiduciary FeescountyDownload
13.0Entry Granting Application to Reopen Estate and Qualify FiduciarycountyDownload
Entry to Dispense with Filing the Inventory and Final Account, Discharging the Fiduciary and to Terminate the EstatecountyDownload
57.1Fiduciary's AcceptancecountyDownload
51.1Full Administration Check listcountyDownload
Notice of Application to Release Medical Records and Medical Billing RecordscountyDownload
Petitioner's AffidavitcountyDownload
Petitioner's InformationcountyDownload
Report of Distribution-Reopened EstatecountyDownload
Resignation of FiduciarycountyDownload
Waiver of Notice of Hearing and Consent to Appointment of AdministratorcountyDownload
Waiver of Notice of Hearing on Debts of the Estate and Report of InsolvencycountyDownload
Waiver of Notice/ Consent Release of Medical Records and Medical Billing RecordscountyDownload
Waiver of Right to Contest WillcountyDownload
1041Accumulation Distribution for Certain Complex TrustsfederalDownload
1041-TAllocation of Estimated Tax Payments to BeneficiariesfederalDownload
1041Alternative Minimum Tax — Estates and TrustsfederalDownload
Application For Burial BenefitsfederalDownload
SSA-4Application for Child's Insurance BenefitsfederalDownload
SF 2800Application for Death Benefits (CSRS)federalDownload
SF 3104Application for Death Benefits (FERS)federalDownload
Application For DIC, Survivors Pension And/Or Accrued BenefitsfederalDownload
SS-4Application for Employer Identification NumberfederalDownload
706Application for Extension of Time To File a Return and/or Pay U.S. Estate TaxesfederalDownload
SSA-10Application for Widow's or Widower's Insurance BenefitsfederalDownload
1041Beneficiary's Share of Income, Deductions, Credits, etc.federalDownload
1041Capital Gains and Losses (Estates and Trusts)federalDownload
706-CECertification of Payment of Foreign Death TaxfederalDownload
FE6Claim for Death Benefits (FEGLI)federalDownload
VA40-1330Claim For Standard Government Headstone Or MarkerfederalDownload
SF 2818Continuation of Life Insurance Coverage as AnnuitantfederalDownload
FE7Designation Of Beneficiary (FEGLI)federalDownload
SF 2823Designation Of Beneficiary Federal Employees' Group Life InsurancefederalDownload
FS 5336Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without AdministrationfederalDownload
8855Election To Treat a Qualified Revocable Trust as Part of an EstatefederalDownload
1041Estimated Income Tax for Estates and TrustsfederalDownload
706Generation-Skipping Transfer Tax (Form 706)federalDownload
706-GSGeneration-Skipping Transfer Tax Return for DistributionsfederalDownload
706-GSGeneration-Skipping Transfer Tax Return for TerminationsfederalDownload
8971Information Regarding Beneficiaries Acquiring Property From a DecedentfederalDownload
56Notice Concerning Fiduciary RelationshipfederalDownload
706-GSNotification of Distribution From a Generation-Skipping TrustfederalDownload
1041-VPayment Voucher (Estate or Trust)federalDownload
I-360Petition For Amerasian, Widow(er), Or Special ImmigrantfederalDownload
2848Power of Attorney and Declaration of RepresentativefederalDownload
FS 1455Request By Owner or Person Entitled to Payment for Reissue of United States Savings BondsfederalDownload
706 HASRequest for Discharge From Personal Liability Under IRC 2204 or 6905federalDownload
4810Request For Prompt Assessment Under Internal Revenue Code Section 6501(d)federalDownload
FS 1522Special Form of Request for Payment of United States Savings and Retirement SecuritiesfederalDownload
SSA-721Statement of Death by Funeral DirectorfederalDownload
1310Statement of Person Claiming Refund Due a Deceased TaxpayerfederalDownload
706-NAU.S. Estate Tax Return for Nonresident Not a Citizen of the U.S.federalDownload
706-QDTU.S. Estate Tax Return for Qualified Domestic TrustsfederalDownload
1041 UU.S. Income Tax Return for Estates and TrustsfederalDownload
1041-AU.S. Information Return Trust Accumulation of Charitable AmountsfederalDownload
706-AUnited States Additional Estate Tax ReturnfederalDownload
706 UNITEDUnited States Estate (and Generation-Skipping Transfer) Tax ReturnfederalDownload
709United States Gift (and Generation-Skipping Transfer) Tax ReturnfederalDownload
12.0Probate Form 12.0: Application for Certificate of TransferOhio Supreme CourtstateDownload
13.1Probate Form 13.1: Receipts and DisbursementsOhio Supreme CourtstateDownload
Probate Form 2.2Ohio Supreme CourtstateDownload
4.3Probate Form 4.3: Waiver of Right to AdministerOhio Supreme CourtstateDownload
4.5Probate Form 4.5: Entry Appointing FiduciaryOhio Supreme CourtstateDownload
5.1Probate Form 5.1: Assets and Liabilities of Estate to be ...Ohio Supreme CourtstateDownload
Probate Form 5.2Ohio Supreme CourtstateDownload

Probate Guide

Probate in Miami County, Ohio

The Miami County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Miami County, OH, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In Ohio, the probate court in each county oversees this process.

When Is Probate Required in Ohio?

Probate is generally required when:

  • The deceased owned real estate solely in their name

  • The estate contains assets above Ohio's small estate threshold

  • There are disputes among heirs or creditors

  • Assets are not held in a trust or joint tenancy

Steps to File for Probate in Miami County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the Miami County Probate Court to open probate

  3. Notify heirs and creditors as required by Ohio law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. Close the estate — file a final accounting with the court

How Long Does Probate Take?

In Ohio, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While Ohio does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Miami County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Miami County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The Probate Court is a division of the Court of Common Pleas and has jurisdiction over estates, guardianships, name changes, adoptions, civil commitments and marriage licenses. The official records of the Miami County Probate Court may be examined at the Miami County Probate Court. Some records at the Miami County Probate Court are confidential and therefore are not available on the website.

Office Hours

Monday-Friday8:00 AM - 4:00 PM

FAQ

Where do I file for probate in Miami County, OH?

Probate petitions for estates in Miami County are filed at the Miami County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Miami County?

Probate filing fees in Miami County, Ohio vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in Ohio?

Probate in Ohio typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Miami County?

While not always legally required in Ohio, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in Ohio, their assets are distributed according to state intestacy laws. The Miami County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

Closest to this court, Ohio

William (Bill) McGraw

Dungan & LeFevre Co., L.P.A.

Troy · < 1 mi

General Trust & EstateTestamentary Planning+1

Jeffrey (Jeff) Winwood

Coolidge Wall Co., LPA

Dayton · 19 mi

John Clough

Pickrel, Schaeffer & Ebeling Co., L.P.A.

Dayton · 19 mi

Mark Conway

Thompson Hine LLP

Miamisburg · 30 mi

Jane Marx

Carlile Patchen & Murphy LLP

Columbus · 62 mi

General Trust & EstateConservatorships/Guardianships+5
See more attorneys near Miami County