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Ohio Probate Deadlines: Every Filing Deadline in One Place
Guides13 min read

Ohio Probate Deadlines: Every Filing Deadline in One Place

Ohio probate deadlines for executors and administrators. Complete master table of every filing deadline, notice requirement, and statutory time limit.

By Settled Editorial

Ohio probate deadlines are spread across multiple sections of the Ohio Revised Code, making it easy for executors to miss important filing requirements. Whether you are handling full administration or a simplified procedure, tracking every deadline is critical. A missed deadline can result in penalties, personal liability, removal from your position, or months of delay. This guide consolidates every important Ohio probate deadline into a single reference, organized chronologically from the date of death through estate closing.

Print this out. Bookmark it. Calendar every deadline that applies to your estate.

Master Deadline Table

Here is every key Ohio probate deadline at a glance:

DeadlineTriggered ByTime LimitORC Section
File the willDeathAs soon as possible2107.09
Apply for appointmentDeathAs soon as practical2113.01
Notify surviving spouse of right to electWill admissionPromptly2106.01
File inventoryAppointment3 months2115.02
Creditor claims periodDeath6 months2117.06
Surviving spouse electionExecutor appointment5 months2106.01
Notify known creditorsAppointmentPromptly2117.06
Publish creditor noticeAppointmentPromptly2117.06
Federal income tax (decedent's final)DeathApril 15 of following yearIRS
Ohio income tax (decedent's final)DeathApril 15 of following yearOhio Dept. of Taxation
Estate income tax (federal)Estate fiscal yearAnnuallyIRS
Federal estate tax returnDeath9 monthsIRS
File accountingEstate ready to closePromptly2109.30
Will contestWill admission3 months2107.76

Deadlines by Phase: A Chronological Walkthrough

Phase 1: Immediately After Death (Days 1-30)

File the Will

Deadline: As soon as possible after death

Ohio Revised Code Section 2107.09 requires any person having custody of a will to deliver it to the probate court or to the executor named in the will. For more on what makes a valid will in Ohio, see our Ohio will requirements guide. While there is no strict statutory clock, unreasonable delay can result in legal consequences including contempt of court.

Best practice: File the will within days of the death, and no later than the first few weeks.

Secure the Estate

Deadline: Immediately

While not a court deadline, the duty to protect estate assets begins at death. Secure the home, collect valuables, maintain insurance, and prevent waste or theft.

Obtain Death Certificates

Deadline: As soon as available

Order at least 10 certified copies. You will need them for every bank, insurance company, and government agency.

Phase 2: Appointment (Days 15-45)

Apply for Appointment as Executor or Administrator

Deadline: As soon as practical

File the Application to Probate Will (or Application for Authority to Administer Estate) with the probate court. For the specific paperwork you need, see our Ohio probate forms directory. While Ohio does not set a strict deadline for this filing, the sooner you file, the sooner you can begin administering the estate.

Post Bond (If Required)

Deadline: Before Letters of Authority are issued

If the court requires a bond, you must arrange it before you receive your Letters of Authority. The bond amount is typically based on the value of the estate's personal property. For details on when a bond is needed, see our Ohio bond requirements guide.

Receive Letters of Authority

Deadline: Issued by the court upon appointment

Letters of Authority (Letters Testamentary or Letters of Administration) are your legal proof of authority. Order multiple certified copies immediately.

Phase 3: Early Administration (Months 1-3)

Notify Known Creditors

Deadline: Promptly after appointment

Ohio Revised Code Section 2117.06 requires the executor to send written notice to known creditors. "Promptly" is not defined with a specific number of days, but courts expect this within the first few weeks of appointment.

How to comply: Mail written notice to every creditor you know about, including credit card companies, mortgage lenders, medical providers, and utility companies.

Publish Notice to Unknown Creditors

Deadline: Promptly after appointment

In addition to direct notice, publish a notice in a newspaper of general circulation in the county where the decedent lived. This puts unknown creditors on notice. The published notice should run for the period required by local court rules (typically once a week for several weeks).

Notify Beneficiaries and Heirs

Deadline: Promptly after appointment

All beneficiaries named in the will and all heirs who would inherit under intestacy must be notified of the probate proceeding. Provide them with information about their rights.

Notify Surviving Spouse of Election Rights

Deadline: Promptly after will is admitted

If the decedent was married, the surviving spouse must be informed of their right to elect against the will. This triggers the five-month election period.

For details on managing creditor claims, see our Ohio creditor claims guide.

File the Inventory

Deadline: 3 months after appointment

Ohio Revised Code Section 2115.02 requires the executor to file an inventory and appraisal of all estate assets within three months of appointment. This is one of the most important and most commonly missed deadlines.

What the inventory includes:

  • All real property owned by the decedent
  • All personal property
  • All financial accounts
  • Fair market values as of the date of death
  • Encumbrances and liens

Extension: The court may grant an extension if you file a motion showing good cause, but do not count on it. Start working on the inventory immediately after appointment.

Phase 4: Creditor Period and Administration (Months 2-6)

Six-Month Creditor Claims Period

Deadline: 6 months from the date of death

Creditors have six months from the date of the decedent's death to file claims against the estate. The general six-month window runs regardless of when you open probate. But under ORC 2117.06(B), you can shorten the period to 30 days for known creditors by sending them direct notice via certified mail. See our Ohio creditor claims guide for details on this strategy.

Important distinction: The six-month period runs from the date of death, not from the date of your appointment or the date you published notice.

Surviving Spouse Election

Deadline: 5 months after executor/administrator appointment

The surviving spouse has five months from the date the executor or administrator is appointed to file an election against the will. If the surviving spouse does not file within this period, they accept the will's provisions.

Why this matters for executors: Do not distribute estate assets before this deadline passes if there is any possibility the surviving spouse might elect against the will. A post-distribution election can create serious complications.

Review and Respond to Creditor Claims

Deadline: Within 30 days of receiving a claim (recommended)

While Ohio does not set a strict deadline for responding to creditor claims, best practice is to review and allow or reject each claim within 30 days of receipt. Unreasonable delay can result in court intervention.

Federal Income Tax (Decedent's Final Return)

Deadline: April 15 of the year after death

File the decedent's final federal income tax return (Form 1040) by April 15 of the year following the year of death. If the decedent died between January and April, two returns may be needed: the prior year return and the final return for the year of death.

Extension: You can request an automatic six-month extension by filing Form 4868.

Ohio Income Tax (Decedent's Final Return)

Deadline: April 15 of the year after death

File the decedent's final Ohio income tax return by the same deadline as the federal return.

Phase 5: Tax Returns and Special Filings (Months 3-9)

Federal Estate Tax Return (Form 706)

Deadline: 9 months from the date of death

Required only for estates exceeding the federal estate tax exemption ($13.99 million in 2026). Even if no tax is owed, filing may be necessary to elect portability (transferring unused exemption to the surviving spouse).

Extension: A six-month extension is available by filing Form 4768 before the deadline.

Estate Income Tax Returns

Deadline: Varies by fiscal year election

If the estate earns income during administration (interest, dividends, rental income), the executor must file estate income tax returns. The deadline depends on whether you elect a calendar year or fiscal year for the estate.

Ohio Estate Tax

Ohio eliminated its state estate tax effective January 1, 2013. You do not need to file an Ohio estate tax return.

Phase 6: Closing the Estate (Months 6-12+)

File the Final Accounting

Deadline: Promptly after the estate is ready to close

Ohio Revised Code Section 2109.30 requires the executor to file a final accounting with the probate court. There is no specific day-count deadline, but the court expects the accounting to be filed within a reasonable time after all debts are paid and the estate is ready for distribution.

What the accounting includes:

  • All receipts and disbursements
  • All asset collections
  • All expenses paid
  • Proposed distributions
  • Executor and attorney fee calculations

For guidance on preparing the accounting, see our Ohio probate accounting guide.

Distribute Assets

Deadline: After accounting approval

Do not distribute assets until:

  • The six-month creditor period has passed
  • All valid debts are paid
  • Tax obligations are satisfied or reserved for
  • The court has approved the accounting (or the waiting period for objections has passed)

File Receipts and Close the Estate

Deadline: After distribution

After distributing assets, obtain signed receipts from each beneficiary and file them with the court. Then request the court to discharge you from your duties.

Key Deadline: Will Contest

Three-Month Window

Deadline: 3 months after the will is admitted to probate

Any person interested in the estate may file a will contest within three months of the will being admitted to probate. After this period, the will is generally considered final.

This deadline matters for executors because:

  • Do not make major distributions during this window
  • Be prepared for the possibility of a contest
  • Keep all records of will execution and the decedent's capacity

For details on the Ohio probate timeline, see our Ohio probate timeline guide.

Deadline Calendar Template

Here is a template you can use to track your specific deadlines:

Date of Death: _______________

DeadlineDue DateCompleted
File the willASAP[ ]
Apply for appointmentASAP[ ]
Notify creditorsWithin weeks of appointment[ ]
Publish creditor noticeWithin weeks of appointment[ ]
Notify beneficiaries/heirsWithin weeks of appointment[ ]
File inventory3 months after appointment: _____[ ]
Creditor period closes6 months after death: _____[ ]
Spouse election deadline5 months after appointment: _____[ ]
Will contest deadline3 months after will admitted: _____[ ]
Decedent's final tax returnApril 15, _____: _____[ ]
Federal estate tax (if applicable)9 months after death: _____[ ]
File final accountingWhen estate ready to close[ ]
Distribute assetsAfter accounting approved[ ]
File receipts and closeAfter distribution[ ]

Consequences of Missing Deadlines

Inventory Deadline

Missing the three-month inventory deadline can result in:

  • Court citation requiring you to appear
  • Potential removal as executor
  • Beneficiary complaints
  • Court-imposed penalties

Creditor Notice

Failing to properly notify creditors can:

  • Extend the creditor period
  • Create personal liability for the executor
  • Delay estate closing

Tax Deadlines

Missing tax filing deadlines results in:

  • IRS penalties and interest
  • Ohio penalties and interest
  • Potential personal liability for the executor

Accounting

Unreasonable delay in filing the accounting can:

  • Lead to beneficiary complaints
  • Result in court orders to account
  • Potential removal as executor

Frequently Asked Questions

What if I need more time to file the inventory?

File a motion with the probate court requesting an extension before the three-month deadline expires. Explain why you need additional time. Courts will generally grant reasonable extensions if requested in advance.

Can I shorten the six-month creditor period?

The general six-month window runs from the date of death and applies to unknown creditors. But you can shorten the period to 30 days for known creditors by sending them direct notice via certified mail under ORC 2117.06(B). This forces known creditors to file their claims within 30 days of receiving the notice or lose their right to collect.

What happens if a creditor files a claim after six months?

Claims filed after the six-month period are generally barred. The creditor loses their right to payment from the estate. There are narrow exceptions, such as claims by the government.

Is there a deadline to open probate after someone dies?

Ohio does not have a strict deadline to file for probate, but unreasonable delay can cause problems: assets may be lost, statutes of limitations may expire, and the court may question the delay.

Can I get an extension on tax deadlines?

Yes. The IRS grants automatic six-month extensions for income tax and estate tax returns. Ohio follows similar procedures. File the extension request before the original deadline.

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This article provides general information about Ohio probate deadlines. Consult with an Ohio probate attorney for advice specific to your situation.