How to Avoid Probate in Ohio
The legal ways to pass property outside probate in Ohio: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: Non-probate transfers available in Ohio: (1) Transfer on death designation affidavit for real estate, recorded before death (R.C. 5302.22). Ohio Rev. Code 5302.22; 5302.20; 2131.10; 1709.09; 2131.13; 2106.18; 2113.03
| Ways to avoid probate | Non-probate transfers available in Ohio: (1) Transfer on death designation affidavit for real estate, recorded before death (R.C. 5302.22). (2) Survivorship tenancy in real estate, where the survivor takes the decedent's share (R.C. 5302.20). (3) Payable-on-death bank and credit union accounts (R.C. 2131.10). (4) Transfer-on-death registration of securities, which is nontestamentary (R.C. Chapter 1709). (5) Transfer-on-death designation on the title of a motor vehicle, watercraft or outboard motor (R.C. 2131.13), and joint ownership of a vehicle with right of survivorship (R.C. 2131.12). (6) A surviving spouse may take one or more automobiles worth up to $65,000 in total outside the estate (R.C. 2106.18). (7) Release from administration for estates of $35,000 or less, or $100,000 or less when everything passes to the surviving spouse (R.C. 2113.03), and summary release for very small estates (R.C. 2113.031). (8) Revocable living trust (Ohio Trust Code). TOD deed: https://codes.ohio.gov/ohio-revised-code/section-5302.22; vehicle TOD: https://codes.ohio.gov/ohio-revised-code/section-2131.13 |
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| Small estate affidavit | Ohio does not use a small estate affidavit. Instead, the probate court may relieve an estate from administration on application (see simplified probate). A summary release from administration is available when estate assets do not exceed the lesser of $5,000 or the funeral and burial expenses, to a non-spouse who paid or is obligated in writing to pay those expenses; a surviving spouse may use it when assets do not exceed the spouse's support allowance plus up to $5,000 of funeral and burial expenses. The application must be on the Supreme Court form and signed before a notary or deputy probate clerk; real estate passes through a certificate of transfer. Source: Ohio Rev. Code 2113.031 |
| Transfer-on-death deed | Yes. An owner of real property may sign a transfer on death designation affidavit naming one or more beneficiaries; a married owner's spouse also signs. The affidavit must be sworn before a person authorized to administer oaths and must be recorded with the county recorder where the property is located before the owner's death. It does not need delivery to, or consideration from, the beneficiaries. Source: Ohio Rev. Code 5302.22 |
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FAQ
How can you avoid probate in Ohio?
Non-probate transfers available in Ohio: (1) Transfer on death designation affidavit for real estate, recorded before death (R.C. 5302.22). (2) Survivorship tenancy in real estate, where the survivor takes the decedent's share (R.C. 5302.20). (3) Payable-on-death bank and credit union accounts (R.C. 2131.10). (4) Transfer-on-death registration of securities, which is nontestamentary (R.C. Chapter 1709). (5) Transfer-on-death designation on the title of a motor vehicle, watercraft or outboard motor (R.C. 2131.13), and joint ownership of a vehicle with right of survivorship (R.C. 2131.12). (6) A surviving spouse may take one or more automobiles worth up to $65,000 in total outside the estate (R.C. 2106.18). (7) Release from administration for estates of $35,000 or less, or $100,000 or less when everything passes to the surviving spouse (R.C. 2113.03), and summary release for very small estates (R.C. 2113.031). (8) Revocable living trust (Ohio Trust Code).
What is the small estate limit in Ohio?
Ohio does not use a small estate affidavit. Instead, the probate court may relieve an estate from administration on application (see simplified probate). A summary release from administration is available when estate assets do not exceed the lesser of $5,000 or the funeral and burial expenses, to a non-spouse who paid or is obligated in writing to pay those expenses; a surviving spouse may use it when assets do not exceed the spouse's support allowance plus up to $5,000 of funeral and burial expenses. The application must be on the Supreme Court form and signed before a notary or deputy probate clerk; real estate passes through a certificate of transfer.
Does Ohio allow transfer-on-death deeds?
Yes. An owner of real property may sign a transfer on death designation affidavit naming one or more beneficiaries; a married owner's spouse also signs. The affidavit must be sworn before a person authorized to administer oaths and must be recorded with the county recorder where the property is located before the owner's death. It does not need delivery to, or consideration from, the beneficiaries.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.