Out of State Representation in Ohio

Ohio Out-of-State Representation

Ohio law places some restrictions on out-of-state heirs and property during the probate estate-settlement process.

Settling estates and disposing of real property becomes more complex for out-of-state residents. While we encourage anyone going through the probate or estate-settlement process to seek the counsel of an experienced ancillary probate attorney in Cleveland, such professional legal advice is particularly true for out-of-state residents.

Common issues that arise involving out-of-state residents include:

• Executors or administrators who live out of state. 
• Heirs who live out of state. 
• Disposing of real property in Ohio as an out-of-state resident. 
• Disposing of property in another state as an Ohio resident. 

Out-of-State Executor, Administrators, Trustees, and Heirs

Ohio law mandates guidelines and restrictions for out-of-state residents involved in the probate or estate-settlement process.

For executors who are named in a Last Will and Testament or other estate-planning document, the law permits an out-of-state resident to be named only if the person is a spouse, blood relative, or adopted relative of the deceased, or lives in a state that allows non-resident executors.  

In cases where the decedent does not name an executor, the court will appoint an administrator to supervise the estate settlement, including an accounting of all assets, payment of debts, and distribution of assets to rightful heirs. Ohio law requires an administrator to be an Ohio resident in most cases.

Local probate courts may have additional rules in cases involving out-of-state fiduciaries, including trustees.  These restrictions aim to ensure compliance with Section 2109.21 O.R.C., which governs the appointment of out-of-state fiduciaries, and to ensure assets remain in Ohio until an estate is settled. Restrictions may include:

• A requirement to employ an attorney licensed in Ohio. 
• Placement of decedent’s assets into a custodial depository in the county of record. 
• Having a co-fiduciary who is a resident of the state. 
• Appointment of a co-trustee.
• Additional bonding or insurance requirements.

Liquidation of out-of-state property owned by an Ohio decedent, or Ohio property owned by an out-of-state heir, will generally require an ancillary probate process in the county where the property is located. If an out-of-state decedent dies intestate (without a Will) owning Ohio property, and an heir seeks only to transfer title, an "affidavit for transfer of real estate inherited" or “certificate of title transfer” may be filed in some cases in order to transfer title of the property.