Overview
If your spouse died without a will (intestate) and their relatives refuse to cooperate, you can still ask the probate court to appoint you as the estate administrator (sometimes called the personal representative). This article explains the typical steps in Ohio, what the court will look for, how to handle uncooperative family members, and when to consider getting a lawyer.
Short legal disclaimer
This article explains general Ohio probate law and common procedures. It is educational only and is not legal advice. For advice about your specific situation, consult an Ohio probate attorney.
Detailed answer — How to get appointed as administrator in Ohio when a spouse dies intestate and family won’t cooperate
1) Where to start: file in the local probate court
Begin by filing an application for appointment with the probate court in the county where your spouse lived when they died. Probate courts in Ohio handle appointments of administrators and related matters. See the court’s local rules and clerk for exact filing requirements. (See generally Ohio Rev. Code ch. 2113 and the probate court jurisdiction rules at Ohio Rev. Code ch. 2113 and Ohio Rev. Code § 2109.01.)
2) What to file with your application
Typical items the clerk will require:
- A certified copy of the death certificate.
- An application or petition for appointment of administrator (local form or court-required pleading).
- An affidavit or list of heirs and next-of-kin, with their addresses (so the court can notify them).
- A proposed bond amount (the court may set a bond to protect creditors and heirs).
- Filing fees and any required local forms.
3) Who the court prefers to appoint
Ohio law establishes priorities for who may serve as administrator. A surviving spouse is usually at or near the top of the list of preferred applicants. Even if other relatives exist, the court can appoint the spouse unless someone with higher statutory priority appears and objects. (For statutory priorities and appointment rules generally, see Ohio Rev. Code ch. 2113.)
4) Serving notice and what to expect if family won’t cooperate
The probate court requires notice to interested persons (heirs, next of kin, and sometimes creditors). If family members refuse to help, refuse to provide information, or refuse to attend, the court can still proceed. You must provide the best information you have about heirs so the court can serve or notify them. If some heirs cannot be located, the court has procedures for substituted service or publication.
5) If family members object or actively contest
If a family member files a written objection or a competing application, the court will set a hearing and decide who should be appointed. The judge will consider statutory priority, competence, conflicts of interest, and whether the applicant will properly administer the estate. If the relatives simply won’t cooperate but do not file a timely contest, the court may appoint you as the willing and available applicant.
6) Emergency or temporary appointment
If you need immediate authority (for example, to preserve property, access a bank account, or pay essential bills), you can ask the court for interim or temporary authority. This often requires a short, ex parte motion and evidence you are likely to be appointed and that immediate action is necessary to prevent harm.
7) Bond and supervision
The court commonly requires the administrator to post a fiduciary bond unless all heirs agree to waive it. The amount depends on the estate’s value and is set by the court. Once appointed, you will receive letters of administration (proof of authority) and the court will expect regular accounting, creditor notices, and compliance with deadlines.
8) What if relatives try to block access to assets
If family members physically block access to property or refuse to hand over assets, notify the probate court and consider filing for immediate appointment and an order directing turnover. The court can issue orders to protect estate property and may hold obstructive relatives in contempt if they disobey lawful orders.
9) Practical evidence and preparation for the hearing
Bring documents to the appointment hearing: marriage certificate, certified death certificate, any documents showing account ownership or property title, a list of heirs and their addresses, and a proposed bond amount. Be prepared to explain why you are the appropriate person to serve and how you will protect the estate.
10) When to hire a probate attorney
Consider hiring a probate attorney if:
- Relatives actively contest appointment or estate administration.
- The estate has complex assets (business interests, out-of-state property, large debts, tax issues).
- Family members are obstructive or there are allegations of abuse, fraud, or incapacity.
Relevant Ohio statutes and resources
- Ohio Revised Code, Chapter 2113 (appointment and administration rules): https://codes.ohio.gov/ohio-revised-code/chapter-2113
- Probate court jurisdiction and general rules: Ohio Rev. Code § 2109.01
Helpful Hints
- Contact the probate court clerk early. Clerks can tell you the local forms, fees, and hearing schedule.
- Get multiple certified death certificates. Courts, banks, and title companies require them.
- Make a simple heir list with names, addresses, and relationship to the decedent. Courts need this to issue notices.
- Document obstruction. Keep emails, texts, or notes about relatives who refuse to cooperate—this can help at a hearing.
- Ask about a temporary appointment if urgent action is needed to protect assets (vehicles, bank accounts, perishable property).
- If a bond is required and you cannot afford it, discuss bond reductions or waivers with the court or an attorney—heirs sometimes agree to waive bond.
- Even if you are appointed, follow reporting rules: file inventories and accountings when required and publish creditor notices as the court directs.
- If you foresee litigation or complex tax issues, hire counsel early to avoid costly delays and personal liability risks.