Stark County

Stark County Probate Court and Real Estate

Stark County Probate Court is in Suite 501 of the county office building at 110 Central Plaza South in Canton, and Judge Curt Werren presides. A house in a Stark estate is valued by the County Auditor's figure or one court-approved appraiser, then sold by the fiduciary, sold through a land sale case ($125 deposit), or moved to the heirs by certificate of transfer, including a $125 Real Estate Only case under Local Rule 75.6. The court takes only cash or checks.

The court, its judge and its records

Stark County Probate Court occupies Suite 501 of the Stark County Office Building, 110 Central Plaza South in Canton, at the southeast corner of Market Avenue and Tuscarawas Street. The filing counter is open Monday through Friday, 8:30 a.m. to 4:30 p.m., and the main line is (330) 451-7755. The Records Center is at (330) 451-7753.

Judge Curt Werren was appointed by Governor DeWine in January 2025 and took office on February 21, 2025, after Judge Dixie Parks retired. Court News Ohio reported that he must run for election in November 2026.

The court changed case systems in 2026. Cases from July 27, 2026 on are in the eServices search, while earlier filings are in the legacy search on the court’s case search page. Very old estate files are held at the Stark County District Library, 715 Market Avenue North.

Forms packets and filing rules

Stark organizes its forms into packets: Full Administration (revised 10-6-26), Release from Administration (7-22-26), Land Sale, Real Estate Only, one- and two-page Summary Release, and Safe Deposit Box. Local Rule 51.1 requires both the standard Ohio Supreme Court forms and the court’s local forms, often called Stark Loc. Forms.

The Estate Guidebook (revised May 15, 2026) lists a full administration filing as the death certificate, Forms 1.0, 4.0, 4.3, 4.4 and 4.5, and either Form 4.2 (bond) or 4.2A and 4.2B (bond waiver), with Form 7.0 for Medicaid estate recovery if it applies. After Form 4.4 is filed, the court sends the notice. The Form 4.5 appointment entry itself serves as the fiduciary’s letters of authority.

A few local rules are worth knowing before you sign anything:

  • Local Rule 57.2: the fiduciary’s attorney may not sign on the fiduciary’s behalf. A power of attorney agent can sign only if the power expressly allows it and is attached.
  • Local Rule 75.1: the death certificate must have the Social Security number redacted.
  • Only one administrator can be appointed, and the court won’t fill out forms for you.

How Stark values the house

Stark’s appraiser rules are stricter than many courts’. Local Rules 61.1 to 61.4 provide:

  • one disinterested appraiser, approved by the court;
  • relatives, beneficiaries, people tied to the attorney or fiduciary, and real estate agents or brokers who are or will be used to sell the assets are disqualified;
  • real estate can be appraised by licensed agents, brokers, auctioneers or credentialed appraisers who aren’t otherwise disqualified;
  • an appraiser can’t buy the property except at public auction;
  • the County Auditor’s market value is accepted with no appraisal, attached to Form 6.1 or 5.1.

Local Rule 75.2 also requires the inventory to show any fractional interest and to list each property’s street address and parcel number. If the house will be sold by consent under R.C. 2127.011, the price has to be at least 80% of that inventory value.

Bond rules under Local Rule 75.8

Bond is where Stark’s procedure most often affects a house sale. Under Local Rule 75.8:

  • when bond is required, it is generally twice the personal estate, or equal to it when the fiduciary is an attorney;
  • the court may hold a hearing on waiving bond, but can skip it when all vested beneficiaries sign waiver acceptances (Forms 4.2A and 4.2B) or the fiduciary is the sole beneficiary;
  • a restricted depository account can be used instead of a bond;
  • no personal sureties, and attorneys can’t be sureties.

A house sale turns real estate into cash in the estate account, so the land sale packet includes additional bond as a step before the order of sale.

Real Estate Only cases and land sales

Stark offers two real estate paths beyond a fiduciary’s sale.

Certificate of Transfer only (Local Rule 75.6). Available six months after the death when real estate is the only asset, there is no Medicaid estate recovery and the funeral is paid in full. It uses local forms SCPC 12.0A through 12.0D, and every next of kin and beneficiary must be served or sign a waiver. The deposit is $125. The certificate of transfer guide covers the statute behind it.

Land sale. Stark’s land sale packet runs: title search, waivers, complaint, guardian ad litem, evidence of title, entry finding the sale necessary, appraiser, additional bond, order of sale, notice, return of sale, then the entry confirming the sale and ordering the deed. Local Rule 78.1 exempts actions to sell real estate from the pretrial conference other civil actions get. The deposit is $125.

Real Estate Only versus a land sale in Stark

The difference is who ends up selling. A Real Estate Only case puts the house in the heirs’ names, and all of them sign the later deed. A land sale keeps the house in the estate, so the fiduciary signs once the court confirms the sale. When there are many heirs, or one who won’t cooperate, the land sale route usually closes more reliably.

Stark County deposits, effective July 27, 2026

FilingDeposit
Full administration (with or without will)$125
Relief from administration (with or without will)$182
Real Estate Only$125
Two-page / one-page summary release$141 / $75
Land sale$125
Authenticated copy$86
Copies$0.10 per page

The court accepts only cash or checks. Its FAQ says most estates should be finalized within 6 months of appointment. For a lawyer, the Stark County Bar Association’s referral line is (330) 453-0686. If the estate’s house is in Canton, Massillon or elsewhere in the county, our Stark County page covers selling there, and the inherited house page explains selling with several heirs.

Related questions

Good to know.

Who is the Stark County probate judge?

Judge Curt Werren. Governor DeWine appointed him in January 2025, and he took office February 21, 2025, replacing retired Judge Dixie Parks. The Supreme Court of Ohio's announcement said he must run for election in November 2026.

Can my real estate agent appraise the house for a Stark County estate?

Not if they will also sell it. Stark's Local Rule 61.1 disqualifies real estate agents and brokers who are or will be used to sell the assets, along with relatives and beneficiaries. You can skip the appraiser and use the County Auditor's market value under Local Rule 61.4.

Where do I look up an old Stark County estate case?

Cases filed from July 27, 2026 are in the new eServices search. Earlier filings are in the court's legacy search, and very old estate files are kept at the Stark County District Library, 715 Market Ave. N., Canton.

Can someone outside Ohio be administrator of a Stark County estate?

The court's Estate Guidebook says a non-Ohio resident cannot be appointed administrator. Under Local Rule 60.1, a non-resident fiduciary, such as an executor named in a will, needs an Ohio attorney plus a bond, assets kept in Stark County, or other court orders.

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