Cincinnati Living Trust: Hamilton County Probate Court and Deed Recording

By Rozsa Gyene, California estate planning attorney, State Bar of California #208356. Published October 4, 2026. Last reviewed October 4, 2026.

Which county this page covers

This page covers Hamilton County. The Probate Court's relief-from-administration instructions cite R.C. 2107.11 for the application to probate a will, and that section provides that a will "shall be admitted to probate" "In the county in this state in which the testator was domiciled at the time of the testator's death". The Recorder's pages describe recording "at the county Recorder's Office" and refer conveyance questions to "the County Auditor", both at 138 East Court Street in Cincinnati. A Cincinnati address outside Hamilton County is served by that county's probate court, auditor and recorder.

The Hamilton County Probate Court

The court says it provides "over 80 unique services, some of them include assisting in the distribution of assets from generation to generation". Its statutory charge is R.C. 2101.24(A)(1): "exclusive jurisdiction" "To take the proof of wills", "To grant and revoke letters testamentary and of administration", "To direct and control the conduct and settle the accounts of executors and administrators and order the distribution of estates" and "To hear and determine applications for an order relieving an estate from administration under section 2113.03 of the Revised Code". A living trust is outside that list: over "Any action that involves an inter vivos trust" the probate court shares "concurrent jurisdiction" with the general division (R.C. 2101.24(B)(1)(b)). The court's estate FAQ "strongly recommends that all fiduciaries seek legal counsel", and its General Resources page notes that "None of the Court's attorneys or personnel are permitted to provide legal advice".

Court costs: the deposit schedule

R.C. 2101.16, as amended by House Bill 96 of the 136th General Assembly (effective September 30, 2025), fixes the fee for each filing: "Probating will" $15.00, appointment of a fiduciary $35.00, "Relieving an estate from administration under section 2113.03 of the Revised Code or granting an order for a summary release from administration under section 2113.031 of the Revised Code" $60.00, "Deposit of will" $5.00 and the application, entry and certificate for "Transfer of real property" $7.00. Hamilton County collects those as deposits by case type. Its General Resources page says "This deposit schedule is based upon the average cost to complete various case types. Each case is different and additional funds may be required to complete a case", "Effective July 19, 2021":

Relief from administration

The court's Instructions for Relief from Administration (revised 08/09/24) say a relief may be filed where "There is no surviving spouse or the surviving spouse is not entitled to all assets and the assets are $35,000 or less and decedent died on or after November 9, 1994", or where "The surviving spouse is entitled to all the assets" and "The assets are $100,000 or less and the decedent died on or after March 18, 1999." Those are the figures of R.C. 2113.03(A), whose page shows "Effective: January 13, 2012" and "Latest Legislation: Senate Bill 124 - 129th General Assembly", so nothing in 2025 or 2026 changed them. At the initial filing the court wants "If decedent created a will, the original will", a "Certified copy of the death certificate, if available", and the fee, which must be paid in cash, a certified check made payable to the Probate Court, MasterCard, Discover or American Express; "No personal checks or money orders will be accepted." Forms come from "the Information Desk on the 9th floor of the Probate Court" or the court's site, and the application cites R.C. 2113.03 (form 5.0) with a list of assets and liabilities (form 5.1). Notice goes to everyone on the next-of-kin form by waiver, certified mail or, where addresses are unknown, publication, which is why the deposit is higher when publication is required. If the estate includes real estate, the cashier returns a certified Certificate of Transfer (form 12.1) "to take to the Auditor's office on the 3rd Floor of the Court Administration Building, 138 E. Court St." The court's FAQ cautions: "If the estate asset is real property, however, you should consult with an attorney to avoid any costly errors." The Ohio release from administration guide covers the statute.

The allowance for support

Under R.C. 2106.13(A) "the surviving spouse, minor children, or both shall be entitled to receive ... in money or property the sum of forty thousand dollars as an allowance for support", paid entirely to the spouse when there are no minor children or all of them are the spouse's, and the amount "shall be considered estate assets". R.C. 2113.03(D) applies the same figure in a relief from administration, and Hamilton County's estate forms include a Family Allowance Application (form 7.1). The section's page shows "Effective: August 17, 2021" and "Latest Legislation: House Bill 7 - 134th General Assembly".

Recording a deed to the trustee: Auditor's Transfer Desk, then the Recorder

The Recorder's FAQ states the order of operations: "Effective October 1, 2009, the Hamilton County Recorder's Office will only accept a conveyance by mail when the Engineer's and Auditor's stamps are on the document. This includes all deeds ... The Recorders' Office will not walk a conveyance through the Engineer or Auditor's Office." Conveyance documents "should be sent to: Hamilton County Auditor, Attention: Transfer Desk, 138 East Court Street, Room 304, Cincinnati, Ohio 45202."

The Auditor's page lists the required documents: the "Real Property Conveyance Fee Statement of Value And Receipt (DTE Form 100)" or the "Statement of Reason For Exemption From Real Property Conveyance Fee (DTE Form 100 EX)", and "Evidence of Title (usually a deed or court order) bearing the last known address of the grantee and reference to the recorded instrument through which the grantor claims title." R.C. 319.202 is the statute behind the form: before the auditor "indorses any real property conveyance", the grantee submits a statement declaring the value, or, where the transfer is exempt under R.C. 319.54(G)(3), "only a statement of the reason for the exemption". The exemptions in R.C. 319.54(G)(3) include a transfer "To a trustee of a trust, when the grantor of the trust has reserved an unlimited power to revoke the trust", and the Auditor warns that "affidavits will always be required when a DTE Form 100 EX is submitted and exemptions 'b' or 'm' is checked" and that it may ask for "trust documents" to substantiate any claim. For a transfer that is not exempt the page sets out: "State of Ohio Conveyance Fee .10/Hundred of the sale price (or 1.00/Thousand of the sale price)", "Hamilton County Permissive Tax .20/Hundred of the sale price (or 2.00/Thousand of the sale price)" and "State of Ohio Transfer Tax .50/Parcel"; its example prices a $135,000 sale of two parcels at $406.00.

"The fees for all recordings and services provided at the county Recorder's Office are set by the Ohio State General Assembly." The statute is R.C. 317.32(A)(1): "A base fee of seventeen dollars for the first two pages and a housing trust fund fee of seventeen dollars, and a base fee of four dollars and a housing trust fund fee of four dollars for each subsequent page", with "A document preservation surcharge of up to five dollars" at the county's option; Hamilton County's $34.00 and $8.00 are the base and housing trust fund fees without a surcharge. The Document Standardization Guidelines restate R.C. 317.114: "Computer font size of at least ten point", paper between 8 1/2 by 11 and 8 1/2 by 14 inches, "Black or Blue ink only", "No use of highlighting", "Margins of 1 inch on each side of the page and on bottom", a "3 inch margin on the top of the first page, reserved for recorder, auditor & engineer" and a "1 1/2 inch margin on the top of each of the remaining pages"; "If a document does not conform to these guidelines, an additional recording fee of $20.00 will be collected (ARF)." From the FAQ: "A self-addressed, stamped envelope is required for the return of all documents", the county does not "supply blank forms", and turnaround is "Typically two to three business days". "Documents under in filing fees are returned unrecorded."

E-recording runs "through one of our Submitter Service Providers, Hopdox, Simplifile, or (beginning 5/18/2026) CSC", with "Recording fees and transaction fees ... paid through ACH (Automated Clearing House) payments set up through the Service Provider", processed "between the hours of 8:30 a.m. and 3:30 p.m. Eastern Standard Time, Monday through Friday". The page adds that conveyance documents and easements can be e-recorded: "These documents that need to be processed through the Engineer's Tax Map and Auditor's Real Estate departments, as of February 7, 2018 can be E-recorded." The service providers serve businesses that set up accounts, so a homeowner recording a single deed usually goes in person or by mail through the Auditor.

The memorandum of trust after Senate Bill 101

Senate Bill 101 of the 136th General Assembly, effective June 16, 2026, amended R.C. 317.08 and 5301.255. The county recorder now records, as official records, "Memoranda of trust, as described in division (A) of section 5301.255 of the Revised Code, that describe specific real property" (R.C. 317.08(A)(17)), and those "that do not describe specific real property" with powers of attorney (R.C. 317.08(A)(23)). R.C. 5301.255(A) provides that a memorandum of trust "shall be of record when any interest in real property is conveyed by the trustee of a disclosed trust, and in circumstances other than the conveyance of real property may be presented" to the recorder of any county where trust property is located; it must be "executed by the trustee of the trust and acknowledged by the trustee" and state "The name and address of the trustee of the trust", "The date of execution of the trust" and the trustee's powers "relative to the acquisition, sale, or encumbering of real property ... and any restrictions upon those powers". It "shall constitute notice only of the information contained in it", and the recorder records it on "payment of the requisite fee prescribed in section 317.32". A Cincinnati trustee who later sells the home will need one on record, and it can be recorded with the deed to the trustee at the $34.00 rate.

What a living trust changes for a Cincinnati homeowner

The Probate Court's deposits, forms and notices apply to property that stood in the decedent's own name. A home deeded to the trustee of a revocable living trust while the owner is alive is not counted toward the $35,000 or $100,000 relief figures and does not wait for letters of authority or a Certificate of Transfer; the successor trustee conveys it under the trust document, with a memorandum of trust on record, and the court comes in under R.C. 2101.24(B)(1)(b) only if someone brings an action. The work is done in advance at 138 East Court Street: the DTE 100 EX claiming the revocable-trust exemption at the Transfer Desk in Room 304, then the stamped deed and $34.00 at the Recorder's Office in Room 205. Whatever the owner never deeded over is settled at 230 East Ninth Street by the steps in the Ohio probate process guide.