Small Estate Affidavit in Ohio
How to collect a loved one's property in Ohio without full probate: the dollar limit, waiting period and official form.
Short answer: Ohio does not use a small estate affidavit. Instead, the probate court may relieve an estate from administration on application (see simplified probate). Ohio Rev. Code 2113.031
| 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 |
|---|---|
| Simplified probate | Release from administration: the probate court may relieve an estate from full administration if the estate assets are $35,000 or less, or $100,000 or less when all assets pass to the surviving spouse under the will or by intestacy. The court then orders distribution without appointing an executor or administrator. Source: Ohio Rev. Code 2113.03 |
| Deadline for creditor claims | Creditors must present claims within six months after the decedent's death, in writing to the executor or administrator (or listed counsel) or to the probate court with the case number, subject to limited exceptions in R.C. 2117.061. Current version effective April 3, 2023. Source: Ohio Rev. Code 2117.06 |
More Ohio estate law
- Medical Power of Attorney in Ohio
- Power of Attorney in Ohio
- Quitclaim Deeds and Transferring Property in Ohio
- Who Inherits If You Die Without a Will in Ohio
- How to Make a Valid Will in Ohio
- How Probate Works in Ohio
- Living Wills and Advance Directives in Ohio
- Revocable Living Trusts in Ohio
- Executor Duties in Ohio
- Letters Testamentary in Ohio
- Affidavit of Heirship in Ohio
- How to Avoid Probate in Ohio
- Transferring a Car After Someone Dies in Ohio
- All Ohio wills, probate and estate rules
FAQ
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.
Is there a simplified probate process in Ohio?
Release from administration: the probate court may relieve an estate from full administration if the estate assets are $35,000 or less, or $100,000 or less when all assets pass to the surviving spouse under the will or by intestacy. The court then orders distribution without appointing an executor or administrator.
How long do creditors have to file claims against an estate in Ohio?
Creditors must present claims within six months after the decedent's death, in writing to the executor or administrator (or listed counsel) or to the probate court with the case number, subject to limited exceptions in R.C. 2117.061.
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.