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

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

How much does probate cost in Delaware County?

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

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 Delaware 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 Delaware County Probate Court will appoint an administrator to manage the estate.

Delaware County Probate Court, Ohio

Q: 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.

Court Location & Contact

Address

145 N. Union Street, Delaware, OH 43015

Phone

740-833-2680

Fax

740-833-2679

Visit Official Court Website

Filing Fees

Delaware County, Ohio

Fee Type	Amount
Adult Adoptions	$105.00
Full/Pre-placement Adoptions	$1,433.00
Step-Parent Adoptions	$456.00
Refinalization	$400.00
Public Agency (DCJFS Only)	$135.00
Private Agency	$340.00
Correction of Birth Records (all types)	$87.00
Registration of Birth Records	$87.00
CIVIL COMPLAINTS/WILL CONTESTS	$160.00
CONSERVATORSHIP	$102.00
DISINTERMENT	$65.00
ESTATES and Wrongful Death Cases	$200.00
Special Administrator	$90.00
Adult Person and/or Estate GUARDIANSHIPS	$225.00
Minor Person, or Person and Estate GUARDIANSHIPS	$225.00

Judges & Officers

JD

Judge David A. Hejmanowski

Required Forms

Delaware County Form 1 for Divorces with Children

Disinterment Next of Kin Form 1 0(D)

Court Documents & Links

View Holiday Schedulefees Application Deposit Unclaimed Fundsforms Application for Unclaimed Inheritanceforms Probate Administrative Order Electronic Filing (Effective 4.22.2025)other Probate Court Amends Adoption Loc R 75.2(A) (Effective 4.23.25)other Delaware County Probate Court Local Rules (Effective October 1 2024)rules

Probate Guide

Probate in Delaware County, Ohio

The Delaware 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 Delaware 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 Delaware County

Locate the will (if one exists) and gather the death certificate
File a petition with the Delaware County Probate Court to open probate
Notify heirs and creditors as required by Ohio law
Inventory the estate — identify all assets, debts, and liabilities
Pay debts and taxes — settle outstanding obligations from estate funds
Distribute remaining assets — according to the will or state intestacy laws
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 Delaware County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Delaware 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 located on the 3rd Floor of the Rutherford B. Hayes Building. An ATM is available in the vending room on the ground floor of the Hayes Building. The court encourages arrival at the filing desk by 4:00 p.m. if a new case is being filed. Payments can be made in person via cash, check, money order, or credit/debit card. Payments can be mailed to the court, but do not send cash. Payments can be made online via the eServices portal, but transactions are subject to a convenience fee.

Delaware County