Legal Question in Wills and Trusts in Ohio

Out of State Probate for Ohio Real Propert

Real property located in Morrow County Ohio. Currently owned jointly by my grandmother (deceased in 1990) and my mother (deceased 2001). Mother took Grandmother's interest, though no probate proceeding at the time. Can I merely adjidicate both estates in Texas and file final probate documents with the real property records in Ohio or do I need to institute one or two probate proceedings in Ohio? I am an attorney/executor so ''legal'' answer would be great.


Asked on 11/27/01, 3:41 pm

3 Answers from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Out of State Probate for Ohio Real Propert

You need to get the out of state proceedings admitted to record in Ohio, and apply for ancillary administration. An Ohio estate tax return is also going to have to be filed.

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Answered on 11/28/01, 12:15 pm
Gregg Manes Gregg A. Manes, Esq.

Re: Out of State Probate for Ohio Real Propert

You may file the estate where your mother and grandmother passed away, but in order to transfer the real estate, one must file an ancillary estate in the county where the property is located. Yes, two estates will have to be filed in order to have an valid chain of title.

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Answered on 12/07/01, 11:00 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Out of State Probate for Ohio Real Propert

You will need to adjudicate the estates in probate in the county(s) where the decedents resided. If different from the county in Ohio where the real property is located, you'd have to enter the probate judgment in Morrow County. If the probate judgment(s) were Texas judgments, you'd have to enter a foreign (sister state) judgment(s) in Morrow County, Ohio.

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Answered on 11/27/01, 4:04 pm


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