Frequently Asked Questions

Where is the Probate Court located?

The Probate Court is located at 41 N. Perry Drive, 2nd Floor, Dayton, Ohio 45402.


What are the Probate Court’s hours of operation?

The Probate Court is open Monday through Friday from 8:30 a.m. to 4:30 p.m.

 

What types of cases does Probate Court handle?

Probate Court handles and oversees conservatorships, guardianships, estates, trusts, adoptions, birth corrections, birth registrations, name changes, minor settlements, certain civil cases, marriage licenses, and mental health cases.

 

What is a magistrate?

A magistrate is an attorney that has been appointed by the Judge to hear evidence and make recommendations to the Judge as to a decision in the case. If your case is assigned to a magistrate, the magistrate will make written findings in a magistrate’s decision. The Judge reviews the magistrate’s decision before making a final order in the case.

 

Do I need an attorney to file paperwork in Probate Court?

While you do not need an attorney to file in Probate Court, the Probate Court strongly recommends that all applicants obtain legal counsel due to the complexities of the law. If you cannot afford an attorney, the Probate Court highly suggests utilizing the services of the Probate Resource Center.

 

What is the Probate Resource Center?

The Probate Resource Center is a collaborative project between the Public Defendant and the Probate Court, in which members of the community can meet with a licensed attorney regarding probate matters. The Probate Resource Center is able to assist in the following types of cases: Explanation and Review of Full Administrations; Release of Estate from Administration; Summary Release from Administration; and Adult Guardianships. Click for more information.

 

Where is the Probate Resource Center located?

The Probate Resource Center is located on the 2nd Floor with the Probate Court.

 

How do I file paperwork in Probate Court?

If you are represented by an attorney, the attorney must file the paperwork in the Court’s e-filing system.  If you are not represented by an attorney, you must submit your paperwork to the Magistrate’s Office for pre-approval by a magistrate before filing the hard copy of your paperwork with the clerks’ office. Once your paperwork is pre-approved by a magistrate, you will be directed to the clerk’s office to file.  However, you may also file your paperwork through the e-filing system, if you register for an account.  Click to learn more about e-filing.

 

If I have questions regarding filing paperwork, who should I contact?

Please contact the Montgomery County Probate Court’s main telephone number at 937-225-4640.