Petition for Probate of Will and for Letters Testamentary (Ohio)

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Ohio probate courts require the use of statewide Standard Probate Forms mandated by
the Rules of Superintendence for the Courts of Ohio. To admit a will and obtain
Letters Testamentary you must file, at minimum, Form 2.0 (Application to Probate
Will) together with Form 1.0 (Surviving Spouse, Children, Next of Kin, Legatees
and Devisees), and Form 4.0 (Application for Authority to Administer Estate)
with Form 4.2 (Fiduciary's Bond) and the entry Form 4.5 (Entry Appointing
Fiduciary; Letters of Authority). This template provides the substantive legal
content to help you prepare — but you must transfer your content to the official
forms before filing. The official forms are published by the Supreme Court of Ohio at
https://www.supremecourt.ohio.gov/forms/all-forms/probate/5 and by each county
probate court. Do not file this document directly with the court.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE COURT OF COMMON PLEAS, PROBATE DIVISION, [COUNTY] COUNTY, OHIO

CAPTION AND CASE INFORMATION

1. PETITIONER / APPLICANT INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Residence Address: [STREET ADDRESS], [CITY], [STATE] [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Petitioner is the Executor nominated in the Last Will and Testament of the Decedent and applies under Ohio Rev. Code § 2107.18 to admit the Will to probate and under Ohio Rev. Code § 2113.05 for the issuance of Letters Testamentary.

Relationship of Petitioner to Decedent: [________________________________]

2. DECEDENT INFORMATION

3. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____].

b. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] ☐ together with [____] codicil(s) dated [__/__/____].

c. Venue. Venue is proper in this Court under Ohio Rev. Code § 2107.11 because:
☐ The Decedent was domiciled in [COUNTY] County, Ohio at the time of death (§ 2107.11(A)(1));
☐ The Decedent was not domiciled in Ohio, but real or personal property of the Decedent is located in [COUNTY] County, Ohio, and the Will has not previously been admitted to probate in Ohio or in the state of the Decedent's domicile (§ 2107.11(A)(2));
☐ A court rendered a judgment declaring the Will valid in this county under § 5817.10 (§ 2107.11(A)(3)).

d. ☐ No application for probate of any will of the Decedent, and no application for authority to administer the Decedent's estate, has been filed or granted in this or any other court.

4. THE WILL OFFERED FOR PROBATE

a. The original Last Will and Testament of the Decedent, dated [__/__/____], ☐ and codicil(s) dated [__/__/____], is lodged with and accompanies this application and is offered for probate (the "Will").

b. Execution. The Will was executed in compliance with the law in force at the time of execution, in writing, signed at the end by the Decedent (or by another in the Decedent's conscious presence at the Decedent's express direction), and attested and subscribed in the conscious presence of the Decedent by two or more competent witnesses, as required by Ohio Rev. Code § 2107.03 and § 2107.06.

c. Proof of Will. Under Ohio Rev. Code § 2107.18, the Court shall admit the Will to probate if it appears from the face of the Will — or, in the Court's discretion, from the testimony of the attesting witnesses — that its execution complies with applicable law. If further hearing is required, witnesses may be called, subpoenaed, examined, and cross-examined under Ohio Rev. Code § 2107.181.

d. Self-proving / witness affidavit status (check one):
☐ The Will includes or is accompanied by an attesting-witness affidavit; the witnesses' testimony is not required.
☐ Testimony or deposition of an attesting witness is required and will be presented.

e. Attesting Witnesses:

f. ☐ To the knowledge of Petitioner, the Will has not been revoked and is the Decedent's last will.

5. SURVIVING SPOUSE, NEXT OF KIN, AND PERSONS ENTITLED TO NOTICE

A. Devisees and Legatees named in the Will (beneficiaries):

B. Surviving Spouse and Heirs at Law (persons who would inherit under Ohio Rev. Code Ch. 2105 if the Decedent had died intestate):

6. NOMINATION AND PRIORITY OF EXECUTOR

a. The Will nominates [PETITIONER FULL LEGAL NAME] to serve as Executor of the Decedent's estate.

b. Under Ohio Rev. Code § 2113.05, when a will is approved and allowed, the probate court shall issue Letters Testamentary to the executor named in the will, or to the executor and any coexecutor named therein, if the named executor is suitable, competent, accepts the appointment, and gives any required bond.

c. Petitioner is not disqualified to serve and is competent and suitable: Petitioner is eighteen years of age or older, of sound mind, and not otherwise incompetent to execute the duties of the trust.

d. ☐ Each other person nominated as executor or coexecutor who is not a petitioner: ☐ consents / ☐ has been served / ☐ renounces (attach Form 4.3, Waiver of Right to Administer, as applicable).

7. BOND

a. ☐ Bond waived by Will. The Will expressly directs that the Executor serve without bond; Petitioner requests that bond be dispensed with consistent with Ohio Rev. Code § 2109.04(A), subject to the Court's discretion to require bond.

b. ☐ Bond furnished. Petitioner will furnish a fiduciary bond (Form 4.2) in the amount fixed by the Court under Ohio Rev. Code § 2109.04.
☐ With corporate surety ☐ With personal sureties

c. Estimated value of personal property and one year's anticipated income, for bond purposes: $[________________].

8. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a. Admit the Last Will and Testament of the Decedent (and any codicil) dated [__/__/____] to probate under Ohio Rev. Code §§ 2107.18 and 2107.181;

b. Find that the Will was duly executed and that the Decedent was competent and free from restraint;

c. Appoint Petitioner as Executor of the estate under Ohio Rev. Code § 2113.05;

d. Issue Letters Testamentary to Petitioner upon qualification;

e. Fix bond, or dispense with bond as directed by the Will, under Ohio Rev. Code § 2109.04;

f. Grant such other and further relief as is just and proper.

9. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], having been duly sworn, state that I have read the foregoing Petition and that the statements contained therein are true and accurate to the best of my knowledge, information, and belief.

Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Sworn to before me and subscribed in my presence on [__/__/____].

______________________________________
Notary Public / Deputy Clerk
My commission expires: [__/__/____]

10. CERTIFICATE OF SERVICE / NOTICE OF ADMISSION OF WILL TO PROBATE

Notice (Ohio Rev. Code § 2107.19): When the Will has been admitted to probate, the fiduciary or applicant shall, within two weeks of admission, give notice of the admission of the Will to probate in the manner provided by Civ.R. 73(E) to the surviving spouse, to all persons who would be entitled to inherit under Ohio Rev. Code Ch. 2105 if the Decedent had died intestate, and to all legatees and devisees named in the Will. The certificate of giving notice (Form 2.4) must be filed not later than two months after the fiduciary's appointment (or, if none, after admission of the Will), unless the Court extends that time.

☐ Waiver of Notice of Probate of Will (Form 2.1) filed by: [________________________________]

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Ohio Attorney Reg. No.: [________________] (if applicable)
Firm / Address: [________________________________]
Telephone / Email: [________________________________]

ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicil) — lodged with the Court
☐ Standard Probate Form 1.0 — Surviving Spouse, Children, Next of Kin, Legatees and Devisees
☐ Standard Probate Form 2.0 — Application to Probate Will
☐ Standard Probate Form 4.0 — Application for Authority to Administer Estate
☐ Standard Probate Form 4.2 — Fiduciary's Bond (or waiver per Will / § 2109.04)
☐ Standard Probate Form 4.3 — Waiver of Right to Administer (if applicable)
☐ Attesting-witness affidavit or testimony (Ohio Rev. Code § 2107.18 / § 2107.181)
☐ Certified copy of Death Certificate
☐ Proposed Entry Admitting Will to Probate (Form 2.3)
☐ Proposed Entry Appointing Fiduciary; Letters of Authority (Form 4.5)
☐ Notice of Probate of Will (Form 2.2) and Certificate of Service (Form 2.4) — § 2107.19
☐ Filing fee payment