Reference
Ohio Probate Glossary.
The 30 probate court terms real estate investors encounter most when reading Ohio dockets, evaluating leads, and contacting executors.
Each definition is plain English first, then a longer note for context. Where a term ties to a deeper guide on this site, a link to that guide follows. Jump letters via the index, or read top to bottom.
A
- Administrator
- The person appointed by the probate court to manage an estate when the decedent did not leave a valid will.
- An administrator has the same legal duties and powers as an executor (inventorying assets, paying debts, distributing property, filing accountings) but is appointed by the court rather than named in a will. In Ohio, the order of priority for who can serve as administrator is set by statute and typically starts with the surviving spouse. Executor and administrator duties explained.
- Application to Probate Will
- The opening filing that asks the probate court to admit a will to probate and recognize it as the controlling document for the estate.
- The first document filed in many Ohio probate cases. Filed by the named executor or another interested party, typically alongside the original will and the application for authority to administer the estate. Court approval of this application is what allows Letters of Authority to issue and the estate administration to formally begin. How to read an Ohio probate docket.
B
- Beneficiary
- A person or entity named in a will (or determined by law) to receive a portion of the estate.
- Beneficiaries differ from heirs in one important way: beneficiaries are named in a document (will, trust, life insurance), while heirs are entitled to inherit by intestate succession when there is no will. The same person can be both.
- Bond (Probate)
- Money or insurance posted by the executor as financial security against mismanagement of the estate.
- The court may require a bond to protect heirs and creditors. Wills often waive bond for the named executor. When a bond is required, it is typically purchased from a surety company. Bond amounts in Ohio are set by the court based on estate value.
D
- Decedent
- The person who has died and whose estate is being administered.
- Used throughout Ohio probate filings to refer to the deceased. The decedent is the legal owner of all estate property at the moment of death, after which title passes through the probate process.
- Distribution
- The transfer of remaining estate assets to beneficiaries or heirs after debts and expenses are paid.
- Distribution happens after the executor has identified assets, paid creditors, settled tax obligations, and obtained court approval where required. It is typically the last substantive step before the estate is closed.
- Docket
- The chronological public record of every filing in a probate case.
- Each Ohio county probate court maintains its own docket system, often searchable online. The docket lists filings (applications, inventories, motions, orders) in date order, with case numbers, party names, and document descriptions. The docket is the primary source for probate lead data. How probate data is collected from court dockets.
E
- Estate
- The total of all property, debts, and obligations the decedent owned or owed at the time of death.
- In Ohio probate, the estate is opened by filing an application with the county probate court. From that moment, the executor or administrator manages the estate as a separate legal entity until it is formally closed.
- Executor
- The person named in a will to administer the decedent’s estate after death.
- The executor must be formally appointed by the probate court before they can act. Their duties include inventorying assets, providing notice to creditors, paying debts and taxes, and distributing remaining assets according to the will. In Ohio, executors carry personal legal liability for mismanagement. Executor and administrator duties explained.
F
- Fiduciary
- A person who is legally responsible for managing money or property for someone else.
- In probate, the executor, administrator, guardian, or trustee is a fiduciary. Fiduciaries owe the highest standard of care under the law and can be sued personally for breaches of duty.
- Final Account
- The executor’s final filing that summarizes all receipts, disbursements, and distributions throughout the estate.
- Filed near the end of the probate process, the final account requires court review and approval before the estate can be officially closed. It is the executor’s public accounting of how the estate was managed.
H
- Heir
- A person legally entitled to inherit from someone who dies without a will (intestate).
- Heirs are determined by Ohio’s intestate succession laws, which generally favor spouses, children, then more distant relatives. When the decedent left a will, the people receiving property are beneficiaries, not heirs (although the terms are sometimes used loosely).
I
- Intestate
- Dying without a valid will.
- When someone dies intestate, Ohio’s intestate succession statute determines who inherits and in what proportions. The probate court appoints an administrator (rather than an executor named in a will) to manage the estate.
- Inventory and Appraisal
- A filing in which the executor lists all estate assets and their fair market values.
- Required within three months of executor appointment in Ohio. The inventory often discloses real property addresses and values, making it one of the most useful filings for investors evaluating estate-related real estate opportunities. What data fields matter most in probate leads.
L
- Land Sale Proceeding
- A formal court process used when the executor needs court authority to sell estate real property.
- Governed by Ohio Revised Code Chapter 2127. A land sale proceeding involves a complaint, notice to interested parties, an appraisal, court approval, and sometimes a court-supervised sale at or above a minimum price tied to the appraisal. Land sale proceedings typically add 3 to 6 months to the timeline. How probate real estate gets sold.
N
- Notice to Beneficiaries
- A formal mailing that informs heirs and beneficiaries the estate has been opened and identifies who is entitled to receive notice of probate proceedings.
- Distinct from Notice to Creditors. Required in Ohio after the executor or administrator is appointed. The list of recipients in the docket can reveal family dynamics relevant to outreach: multiple heirs, out-of-state heirs, or contested family arrangements that affect how a property is likely to be sold.
- Notice to Creditors
- A public notification giving creditors a window to file claims against the estate.
- In Ohio, creditors generally have 6 months from the decedent’s death to present claims. The executor must publish a notice and notify known creditors directly. Outstanding creditor claims affect what the estate can distribute and how quickly it can close.
P
- Personal Representative
- A general term covering both executor (with a will) and administrator (without a will).
- Many states use “personal representative” as the umbrella term. Ohio probate filings use the more specific terms (executor or administrator) but the role and duties are essentially the same.
- Petition
- A formal written request to the probate court.
- Most actions in probate begin with a petition: petition to admit a will, petition for authority to sell real estate, petition to appoint an administrator. Each petition triggers a court process with notice and hearing requirements.
- Probate
- The legal process of validating a will and administering an estate under court supervision.
- Probate exists to ensure debts are paid, taxes are settled, and assets are properly distributed. Not all property goes through probate: assets held in trust, jointly owned property with right of survivorship, and accounts with named beneficiaries (life insurance, retirement accounts, transfer-on-death deeds) typically pass outside probate. The full Ohio probate guide.
R
- Real Property
- Land and anything permanently attached to it (buildings, fixtures).
- In probate, real property is treated differently from personal property. Sale of real property may require court approval, and the deed used to transfer real property out of the estate is typically an executor’s deed rather than a general warranty deed.
- Relief from Administration
- A simplified Ohio probate path for smaller estates or where the surviving spouse is the sole heir.
- Faster than full administration, relief from administration may still involve real property sales but with less court oversight. Investors should still treat these cases as potential leads, particularly when the inventory discloses real estate.
S
- Schedule of Assets
- A document listing the property held by the estate.
- Often filed alongside or as part of the inventory. The schedule details bank accounts, real estate, vehicles, and personal property. For investors, a schedule that lists real property is a clear signal that the estate has marketable real estate.
- Summary Release from Administration
- The simplest Ohio probate path, used for very small estates with minimal assets.
- In Ohio, summary release is available for estates valued under approximately $35,000 (the threshold has changed over time and may be higher in some scenarios). Real property is uncommon in summary release cases, but not unheard of.
- Surety
- A person or company that guarantees the executor’s bond.
- When a bond is required, the surety promises to pay damages if the executor mismanages the estate. Surety companies are typically insurance providers that issue bonds in exchange for a premium.
T
- Testate
- Dying with a valid will.
- The opposite of intestate. When someone dies testate, the will controls how property is distributed (subject to court validation and any forced-share rules for spouses).
- Testator
- The person who made the will.
- After the testator dies, the will is filed with the probate court for validation. “Testator” is sometimes feminized as “testatrix,” though modern practice uses “testator” for any gender.
- Transfer on Death (TOD)
- A mechanism that transfers property at death without going through probate.
- Ohio has allowed transfer-on-death deeds for real estate since 2000. A TOD deed names a beneficiary who automatically becomes the owner at the original owner’s death, bypassing probate. This is one reason why some inherited properties never appear in probate court records. Why some properties skip probate entirely.
- Trust
- A legal arrangement where one party (the trustee) holds and manages property for the benefit of another (the beneficiary).
- Property held in a trust at the time of death typically passes outside probate, according to the trust’s terms. Trusts are a common reason inherited real estate does not appear in probate dockets.
W
- Will
- A legal document expressing how a person wants their property distributed at death.
- To be valid in Ohio, a will must generally be in writing, signed by the testator, and witnessed by two competent witnesses. The will is filed with the probate court after death and, once admitted, controls how the estate is distributed.
Reading the dockets
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