Who can serve as Administrator and Guardian if no Will

The Probate Court would select the administrator of your estate and guardian’s for any of your minor children.  Somebody from your family or otherwise would apply to be appointed the administrator of your estate.  The Probate Court would have a hearing to determine the worthiness and capabilities of the applicant.  If all of the heirs consent to the appointment, then a hearing is not needed.  If two or more people apply, then the Probate Court will have a hearing to determine which administrator is more capable.

The administrator must be from the State of Ohio.

This basic process is the same for the selection of the guardians for the minor children.  A guardian must be a resident of the State of Ohio and also a resident of the county where the ward resides.  There are four exceptions to this rule:

  • The guardian is named in the will
  • The guardian is selected by a minor who is over age 14
  • The guardian is named in a power of attorney

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