Summit County

Summit County Probate Court and Real Estate

Summit County Probate Court, at 209 South High Street in Akron, handles every estate of a Summit County resident, including the house. Real estate leaves an estate there in one of three ways: a certificate of transfer to the heirs (including a $100 real-estate-only case under Local Rule 57.4), a fiduciary's sale under the will or with heirs' consent, or a land sale complaint under Local Rule 65.1. Self-represented applicants attend a hearing 4 to 6 weeks after filing before letters of authority issue.

Where the court is and how it takes filings

The Summit County Court of Common Pleas, Probate Division, sits at 209 South High Street in downtown Akron. It is open Monday through Friday, 8 a.m. to 4 p.m., and Local Rule 53.1 notes it may close periodically for staff training. The main number is (330) 643-2350, and the Accounts Department, which answers appraisal questions, is at (330) 643-2338 or 2339.

The court takes filings in person, by mail, and by email to eFiling@summitohioprobate.com under Local Rule 57.5. Email filing is open around the clock but has limits:

  • no filings that start a new case, so an estate is always opened on paper;
  • no fee-bearing filings unless money is already on deposit;
  • PDF only, with proposed orders in Word, one case per email;
  • filings received after 3 p.m. are docketed the next business day, and pages over 10 cost $0.10 each.

Case records are searchable online at search.summitohioprobate.com. Local Rule 57.1 requires original signatures, and the fiduciary personally signs anything involving money.

Opening the estate and getting letters

Summit’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. A will case adds Forms 2.0, 2.1 and 2.4. A certified death certificate goes with the first filing, and the clerk copies it and hands it back.

A self-represented applicant must attend a hearing, which the court sets 4 to 6 weeks after filing. A magistrate reviews the application, and letters of authority are issued after approval. The court doesn’t require a lawyer for Ohio residents, though it recommends one. Local Rule 60.1 requires a non-resident fiduciary to hire an Ohio attorney and to use a custodial depository, a resident co-fiduciary or a bond. The letter of authority guide explains the paperwork in general.

After appointment, the inventory is due 90 days later. The court’s own guidance says the average estate should be finalized within thirteen months, and Local Rule 60.1 requires a status report on each anniversary of the appointment while the estate is open.

Valuing the house: Fiscal Office value or appraiser

A Summit estate can value the house two ways. The fiduciary can use the Summit County Fiscal Office’s value for the year of death, or hire an appraiser. The court posts an appraiser list but says it does not recommend any appraiser, and Form 3.0 is used for an appraiser who is not on the list. Local Rule 61.1 requires court approval of any appraiser fee over $500.

The choice matters for a sale. Under R.C. 2127.011, a consent sale must be at least 80% of the appraised value in the approved inventory. Summit’s instructions note that switching from the tax value to an appraised value later requires an attorney to file a motion to vacate the appraisal waiver.

Real Estate Transfer Only under Local Rule 57.4

Summit is one of the courts that lets heirs move a house without opening a full estate. Under Local Rule 57.4, the court can approve a certificate of transfer under R.C. 2113.61(D) when:

  • at least six months have passed since the death;
  • real estate is the only probate asset;
  • the decedent was not subject to Medicaid estate recovery.

The filing uses Forms 1.0, ER.11, 12.0, 12.1 and MISC.02, plus 2.0, 2.1 and 2.4 when there is a will. You also attach the Fiscal Office’s date-of-death value, the deed or legal description, the paid funeral bill and the death certificate. The court deposit is $100. The court posts a video on certificates of transfer on its videos page. The statewide rules are in the certificate of transfer guide.

Land sales under Local Rule 65.1

When the estate has to sell and the heirs can’t all consent, the fiduciary files a land sale complaint. Summit’s Local Rule 65.1 adds these requirements on top of Chapter 2127:

  • a preliminary judicial title or title commitment filed with the complaint;
  • a proposed confirmation entry that shows how the sale proceeds will be distributed;
  • a status report from the plaintiff’s counsel if the case isn’t finished in one year;
  • at least $10 for each guardian ad litem.

The rule also carries the Ohio Supreme Court’s statewide land sale requirements: evidence of title, 3 weeks of mailed notice before a public sale, and a closing statement with the confirmation entry. Summit’s land sale forms run in a CV series (CV.10 through CV.30), and Appendix G of the local rules covers attorney fees in land sales. The probate sale guide compares this route with the faster ones.

Summit County deposits for estate real estate

From Appendix A of the local rules, last amended March 18, 2024:

FilingDeposit
Full administration$275
Release from administration (with or without will)$240
Summary release, with will / without will$112 / $87
Real Estate Transfer Only$100
Complaint to sell or mortgage real estate$250
Exceptions to inventory or account$30
Certification of a document$1

Card payments carry a 3% surcharge. A release of a smaller estate needs a paid funeral bill or a funeral home waiver on Form 5.2 under Local Rule 57.3, or the application is set for hearing. If you live in Akron or elsewhere in the county and the house is the estate’s main asset, our Summit County page covers selling there, and the probate house sale page helps with the list-or-sell choice.

Related questions

Good to know.

Who is the judge of Summit County Probate Court?

Judge Elinore Marsh Stormer, who was elected to the probate court in 2012 according to her court biography. Day-to-day estate applications are reviewed by the court's magistrates.

Can I file Summit County probate papers by email?

Only some of them. The court accepts PDF filings by email at eFiling@summitohioprobate.com, but not a filing that opens a new case, a fee-bearing filing without money on deposit, or anything confidential. Each email covers one case, with the case number in the subject line.

Does Summit County Probate Court offer free help with forms?

It runs a free Help Desk staffed by an attorney, by appointment at (330) 643-2350, limited to one visit per case. It covers simple estate transfers and form review, not complicated estates.

Do I need an appraiser for a house in a Summit County estate?

Not always. You can use the Summit County Fiscal Office's value for the year of death. The court posts an appraiser list but doesn't recommend any one appraiser, and any appraiser fee over $500 needs court approval under Local Rule 61.1.

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