Montgomery County, Ohio Court Filing
Fee Lookup

The Montgomery County Probate Court in Dayton is the primary filing location for Montgomery County's approximately 537,309 residents. As in the top quarter of Ohio jurisdictions by population, Montgomery County's filing volume and court procedures reflect the county's specific character within Ohio's Court of Common Pleas (civil/family) / Probate Court / Municipal Court (small claims).

Understanding local fee schedules before approaching the clerk's window prevents delays and unexpected costs.

Montgomery County is the birthplace of aviation, where the Wright brothers built their first airplane in Dayton, and remains a center of aerospace and defense research anchored by Wright-Patterson Air Force Base. The county's free Air Force museum is one of the most visited attractions in Ohio.

These local economic characteristics shape the types of legal proceedings filed in Montgomery County — from probate of estates that include commercial property or business interests near Dayton to civil disputes arising from the county's primary industries. The Montgomery County Probate Court handles the full range of case types for this community, with filing fees applying uniformly based on case type regardless of the underlying subject matter.

Montgomery County is known for landmarks including National Museum of the United States Air Force, Dayton Aviation Heritage National Historical Park, Carillon Historical Park. For residents and businesses in the areas surrounding these community anchors, knowing the applicable filing fees and court procedures in advance helps legal matters proceed efficiently at the Montgomery County Probate Court in Dayton.

• Filing fees in Montgomery County are based on Ohio's statutory schedule, which applies statewide, plus any local surcharges assessed by the county. For reference, the statewide base fees by case type are: probate and estate filings — $102–$200 (Probate Court — per county)
• civil complaints and appearances — $200–$300 (Court of Common Pleas) / $55–$110 (Municipal Court)
• family law matters (divorce, custody, support) — $200–$300 (Court of Common Pleas — Domestic Relations Division)
• small claims filings — $30–$75 (Municipal Court / County Court small claims). These figures represent the state-level base
• the total amount due at the Montgomery County Probate Court in Dayton may include additional local charges.

As one of Ohio's larger jurisdictions, Montgomery County may assess higher local surcharges than the state's rural counties, reflecting the greater administrative cost of operating a high-volume court in Dayton.

• Beyond the initial filing fee, Montgomery County litigants and estate administrators should budget for recurring court costs throughout the proceeding: fees for filing subsequent motions and responses, charges for certified copies of letters testamentary or court orders (typically $5 to $25 per document in Ohio), jury demand deposits in civil cases, and in probate matters, fees associated with filing the inventory, accountings, and petition for discharge.
• For a complete picture of expected court costs in Montgomery County, request the full fee schedule from the Montgomery County Probate Court clerk in Dayton before initiating the proceeding.

Ohio has been expanding electronic filing (e-filing) capabilities across its court system. Montgomery County is among the jurisdictions where e-filing is more established.

For this major county, the Montgomery County Probate Court in Dayton likely participates in the state's e-filing system, and represented parties in civil and family matters may be required to file electronically. Contact the Montgomery County Probate Court clerk directly to confirm the current e-filing requirements for your specific case type.

When e-filing is available in Montgomery County, the system charges a convenience fee per transaction — typically $2 to $8 — in addition to the applicable statutory court fees. This convenience fee is charged by the e-filing service provider rather than the court itself and is generally non-waivable even for litigants who have received a court fee waiver.

Self-represented litigants (pro se filers) are often exempt from mandatory e-filing requirements and may file in paper at the Montgomery County Probate Court clerk's window in Dayton during regular business hours.

For probate and estate matters in Montgomery County, e-filing availability may differ from civil cases. Some Ohio probate courts have been slower to adopt e-filing given the document-intensive nature of estate proceedings — original wills, certified death certificates, and original deeds often require in-person or mail submission regardless of whether other case types accept electronic filing.

Verify with the Montgomery County Probate Court in Dayton which documents can be e-filed and which require physical originals before planning your filing strategy.

• Montgomery County residents who cannot afford court filing fees may apply for a fee waiver under ORC § 2323.311.
• To apply, file a declaration of financial condition with the Montgomery County Probate Court clerk's office in Dayton at the time of your initial filing.
• The declaration lists all household income sources, monthly expenses, assets, and liabilities.
• A judge or court commissioner reviews the application and issues an order granting or denying the waiver, typically within a few days of submission.

• Eligibility for a fee waiver in Montgomery County generally requires that household income fall at or below 125% to 200% of the federal poverty level, or that the applicant is receiving qualifying public benefits — commonly Medicaid, SNAP, SSI, or public housing assistance.
• The specific income thresholds and qualifying programs are defined in ORC § 2323.311 and may have been updated by recent legislation.
• Ask the Montgomery County Probate Court clerk in Dayton for the current income guidelines before completing your declaration.

• A granted fee waiver covers filing fees charged by the Montgomery County Probate Court — including initial filing fees and subsequent filings in the same case — but does not cover costs owed to third parties.
• In Montgomery County probate proceedings, a fee waiver does not eliminate the cost of publishing a notice to creditors in a newspaper of general circulation (a statutory requirement in most states), service of process fees paid to process servers or the sheriff's office, or costs for court-ordered appraisals.
• Budget for these additional costs separately even when a fee waiver is in effect.