What letters of authority let a fiduciary do
Letters of authority are what turn a family member into someone the outside world will deal with. Once issued, the executor or administrator can:
- open an estate bank account and collect the decedent’s money;
- deal with the mortgage servicer, insurer and utilities on the house;
- sign a listing agreement or a purchase contract for estate real estate, within the limits of the will and Chapter 2127;
- sign the fiduciary deed at closing.
Without them, nobody has legal authority over property titled only in the decedent’s name. That is why the guide to selling before probate opens comes back to the same answer: the first step is getting appointed.
Stark County’s Full Administration packet uses an appointment entry on Form 4.5, and that entry itself serves as the fiduciary’s letters of authority. Title companies usually want a recently certified copy, so ask the clerk for several.
The filing that starts it
The application goes to the probate court in the county where the decedent lived, not where the house is. Summit County’s full administration instructions list the papers a self-represented applicant files: Forms 1.0, 4.0, 4.3, 4.4, ES.1, 3.0, ES.2, ES.3, 4.2 (bond), 4.6, ES.21 and 8.6, plus Form 7.0 for Medicaid estate recovery when it applies, and MISC.02, the self-representation acknowledgment. With a will, add Forms 2.0, 2.1 and 2.4 and the original will.
Stark County’s guidebook lists a shorter core set: the death certificate, Forms 1.0, 4.0, 4.3, 4.4 and 4.5, either Form 4.2 (bond) or 4.2A and 4.2B (bond waiver), and Form 7.0 if applicable. Stark’s Local Rule 57.2 adds that the fiduciary’s attorney may not sign filings on the fiduciary’s behalf.
Notice and the hearing
The court gives the family a chance to object before it appoints anyone. Summit’s Local Rule 60.1, restating the Ohio Supreme Court’s probate rule, requires notice of the hearing at least 7 days before it and notice of the appointment within 7 days after it.
The courts handle the hearing a little differently:
- Summit County. A self-represented applicant must attend a hearing, held 4 to 6 weeks after filing. A magistrate reviews the application, and letters are issued once it is approved. A surviving spouse applying in an intestate estate who is not the parent of the decedent’s children must serve notice of the hearing on the adult next of kin who live in Ohio.
- Stark County. After Form 4.4 is filed, the court sends out the notice. The appointment entry recites a hearing in open court. In a will case, giving notice that the will was admitted is the applicant’s job.
Bond, and when it is waived
A bond is insurance that protects the heirs if the fiduciary mishandles money. Whether you need one depends on the will and the court.
- A will can waive bond for the executor. Without that, the beneficiaries can sign waivers.
- Stark County’s Local Rule 75.8 says that when bond is required it is generally twice the personal estate, or equal to it when the fiduciary is an attorney. The court may skip a waiver hearing if all vested beneficiaries sign waiver acceptances, or the fiduciary is the only beneficiary. A restricted depository account can stand in for a bond, and personal sureties are not accepted.
- Summit County’s Local Rule 60.1 lets a non-resident fiduciary meet the requirement with a bond, a custodial depository or a resident co-fiduciary, and waives bond in estates that exist only for litigation.
Real estate is generally not counted in the personal estate. If the fiduciary later sells the house, the court may require additional bond to cover the sale proceeds. Stark’s land sale packet lists additional bond as a step before the order of sale.
Who asks to see the letters, and what else they want
Once the letters are issued, expect to show a certified copy to almost everyone the estate deals with. What each one usually asks for:
- The title company wants certified letters, a death certificate and, for a consent sale, the approved inventory and the filed consents under R.C. 2127.011. For a sale under the will, it wants the will showing the power of sale.
- The mortgage servicer may treat an heir as a successor in interest under federal servicing rules, but it will want proof of the executor’s authority before it discusses a payoff with the estate.
- The bank opening the estate account wants the letters and the estate’s tax ID number.
- The insurer wants to know who now controls the house, especially if it is vacant.
Ask the clerk for several certified copies at once. It saves return trips while the house is being sold.
Costs, residency and what comes next
Opening a full administration costs $275 in Summit County and $125 in Stark County as an initial court deposit, under each court’s cost schedule. Stark’s FAQ notes the court accepts only cash or checks. Summit adds a 3% surcharge on card payments.
Residency rules matter for out-of-state children. Stark’s guidebook says a non-Ohio resident cannot be appointed administrator. Summit’s Local Rule 60.1 requires every non-resident fiduciary to hire Ohio counsel. A will can name an out-of-state relative as executor, so check with the court before you file.
After appointment, the inventory is due in 3 months, and the executor duties guide covers what the fiduciary owes the heirs from there. Summit’s Local Rule 60.1 also requires a status report on each anniversary of the appointment. If you are the new fiduciary and the house is the biggest asset, the probate house sale page explains how a sale can be timed around the court’s steps.
