Form 2.0, Application to Probate Will, is the Probate Court of Stark County, Ohio form on which an applicant offers a decedent's will for probate. It is one of the Stark County probate forms for a decedent's estate and cites R.C. 2107.11, 2107.18, and 2107.19. The applicant, or the applicant's attorney, completes it with the will and Form 1.0 attached. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original is published by the court at starkcountyohio.gov.
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What is 2.0?
Application to Probate Will (Form 2.0) is the Probate Court of Stark County, Ohio form on which an applicant states that a decedent has died, attaches a document purporting to be the decedent's last will, offers it for probate and waives notice of the probate. It cites R.C. 2107.11, 2107.18, and 2107.19.
The form is built from several parts under one caption, "Estate of ____, Deceased," with a case number:
- The application itself, with the date of death, the decedent's domicile, and the applicant and attorney details.
- A Waiver of Notice of Probate of Will, for persons entitled to notice of the probate.
- An Entry Admitting Will to Probate, which records the court's finding that the will complies with applicable law and orders it recorded and notice given to all parties entitled to notice.
- A Certificate of Waiver of Notice, completed with check boxes.
The application states that the decedent's surviving spouse, children, next of kin, legatees and devisees known to the applicant are listed on the attached Form 1.0, Surviving Spouse, Children, Next of Kin, Legatees and Devisees. The court's forms page also lists related forms for the same step, including Form 2.1, Waiver of Notice of Probate of Will, Form 2.2, Notice of Probate of Will, and Form 2.4, Certificate of Service of Notice of Probate Will. Form 2.0 does not ask for appointment of an executor or administrator; the court lists that separately as Form 4.0, Application for Authority to Administer Estate.
Who needs to file 2.0?
The main user is the applicant who wants a decedent's will admitted to probate in the Probate Court of Stark County, Ohio. The form has one block for the applicant and one for an attorney for the applicant, so it can be completed by the applicant, by an attorney, or by both.
Other people appear in the form's later parts:
- Persons entitled to notice of the probate of the will sign the Waiver of Notice of Probate of Will if they choose to waive that notice.
- The Certificate of Waiver of Notice is completed by one of these capacities: fiduciary, applicant for the admission of the will to probate, applicant for a release from administration, other interested person, or attorney for any of them.
The application is for a document purporting to be the decedent's last will. It also requires the decedent's surviving spouse, children, next of kin, legatees and devisees known to the applicant to be listed on Form 1.0, so you need that information before you begin. If you need to be appointed to administer the estate, the court lists a separate form for that, Form 4.0.
When to file 2.0
The form is used when a will is offered for probate after the decedent has died; no filing deadline for the application itself is printed on it. It asks for the date of death, so you need that date before you start.
One time limit is printed on the Waiver of Notice section. After a certificate is filed evidencing the waivers and any notices given, an action to contest the validity of the will must be filed no more than three months after the filing of the certificate for estates of decedents who die on or after January 1, 2002. For estates of decedents who die before January 1, 2002, the limit is four months after the filing of the certificate.
Documents you need
- The document purporting to be the decedent's last will, attached to the application and offered for probate.
- Form 1.0, Surviving Spouse, Children, Next of Kin, Legatees and Devisees, attached to list those persons known to the applicant.
How to fill out 2.0
Enter the estate name and case number
At the top, write the decedent's name after "Estate of" and the case number if the court has assigned one. The same caption repeats on the later pages.
State the date of death
Enter the date the decedent died on the line that begins "Applicant states that decedent died on." This date also decides which contest period applies under the waiver section.
Give the decedent's domicile
Enter the street address, the city or village (or township if the area is unincorporated), the county, the post office, the state and the ZIP code.
Confirm the will and Form 1.0
The form states that a document purporting to be the last will is attached and offered for probate, and that the surviving spouse, children, next of kin, legatees and devisees known to you are listed on the attached Form 1.0. Prepare both attachments before you finish.
Complete the applicant block
Under Applicant, enter the typed or printed name, address and phone number with area code.
Complete the attorney block
If an attorney is acting for the applicant, enter the attorney's typed or printed name, address, phone number with area code and Attorney Registration No.
Review the waiver of notice
The Waiver of Notice of Probate of Will is for persons entitled to notice who choose to waive it. It also states the three-month and four-month periods for contesting the will after the certificate is filed.
Leave the court entry to the court
The Entry Admitting Will to Probate has a Date line and a Judge line and records the court's finding. It is not an entry for the applicant to complete.
Check the certificate of waiver boxes
On the Certificate of Waiver of Notice, check only the boxes that apply: waived notice of the application or of a contest as to jurisdiction, waived notice of admission to probate, or not notified because names or residences are unknown and cannot with reasonable diligence be ascertained.
Select the capacity and attorney details
Check whether the person completing the certificate is a fiduciary, applicant for admission of the will, applicant for a release from administration, other interested person, or attorney for any of them, and enter the Attorney Registration No. if an attorney completes it.
Review and download the completed PDF
Check names, dates and the domicile, then download or print the completed PDF from FillingPDF. Attach the will and Form 1.0 and file the package with the court as described under How to submit.
How to submit 2.0
Form 2.0 is captioned for the Probate Court of Stark County, Ohio, and is filed in that court with the will and Form 1.0 attached. The form prints no mailing address, portal or appointment rule of its own and does not mention a fee; ask the court for those details.
The Stark County Probate Court publishes its decedent's estate forms, including Form 2.0, on its forms page at https://www.starkcountyohio.gov/government/legal_judicial/probate_court/forms.php. Check that page for the related forms you may need, such as Form 1.0, Form 2.1 and Form 2.2.
Before filing, make sure the case number block is handled as the court requires, the attorney registration number is entered when an attorney files, and both the will and Form 1.0 are attached. FillingPDF lets you fill out and download the PDF; submission follows the court's own channels.
Common mistakes to avoid
- Submitting the application without the will attached; the form states that the document purporting to be the last will is attached and offered for probate.
- Leaving out Form 1.0; the form says the surviving spouse, children, next of kin, legatees and devisees known to the applicant are listed on it.
- Entering the city when the decedent lived in an unincorporated area; the domicile line asks for the township in that case.
- Omitting the area code in the phone number for the applicant or the attorney.
- Leaving the Attorney Registration No. blank when an attorney is filing for the applicant.
- Checking boxes on the Certificate of Waiver of Notice that do not match the facts; the form says to check the applicable boxes only.
- Assuming the time to contest the will is the same for every estate; it is three months for decedents who die on or after January 1, 2002 and four months for those who die before that date.
- Filling in the Date and Judge lines of the Entry Admitting Will to Probate, which records the court's finding.
Frequently asked questions
What is Form 2.0, Application to Probate Will, in Stark County?
It is the Probate Court of Stark County, Ohio form for offering a decedent's will for probate. It states the date of death and domicile, attaches the will and Form 1.0, and includes a waiver of notice, a court entry admitting the will and a certificate of waiver of notice.
Can I fill out the Stark County probate Application to Probate Will online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file anything with the court; you file the completed form in the Probate Court of Stark County through the court's own channels.
What do I attach to Form 2.0?
Attach the document purporting to be the decedent's last will, which the form says is offered for probate, and Form 1.0, which lists the surviving spouse, children, next of kin, legatees and devisees known to the applicant.
How long do people have to contest a will after the waiver certificate is filed?
No more than three months after the certificate is filed for estates of decedents who die on or after January 1, 2002, and no more than four months for decedents who die before that date, according to the Waiver of Notice printed on the form.
Do I need an attorney to complete Form 2.0?
The form has separate blocks for an attorney for the applicant and for the applicant, each with name, address and phone number. The attorney block also asks for an Attorney Registration No., so it applies when an attorney is acting for the applicant.
Which forms go with Form 2.0 in Stark County?
Form 1.0 is attached to it. The court's forms page also lists Form 2.1, Waiver of Notice of Probate of Will, Form 2.2, Notice of Probate of Will, and Form 2.4, Certificate of Service of Notice of Probate Will, for the notice steps.
Does Form 2.0 appoint an executor or administrator?
No. Form 2.0 offers the will for probate and deals with notice. The court lists appointment of an administrator separately, as Form 4.0, Application for Authority to Administer Estate, on its forms page.
Who completes the Certificate of Waiver of Notice?
A fiduciary, the applicant for admission of the will to probate, an applicant for a release from administration, another interested person, or an attorney for any of them. The person checks the applicable boxes about waivers or unknown names and residences.
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