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Small Estate Limits for Ohio

There is no Affidavit procedure available in Ohio. There is a summary probate procedure available for estates worth $35,000 or less, or where a surviving spouse inherits everything, either under a Will or by law (such as with joint tenancy property) and the value of the estate is less than $100,000.

Ohio Rev. Code Ann. 2113.03.

What's Included in valuing the estate?

Not everything a person owns is part of their "Estate" for probate purposes.

If you're wrapping up the estate of a Ohio resident who died with an estate that's worth less than a certain dollar amount, you won't have to go through a formal probate court proceeding. 

It doesn't matter whether or not the deceased person left a will; what matters is the value of the assets left behind. If the estate's value is under the "small estates" limit in Ohio, you can take advantage of a simplified probate procedure, often called a "summary probate." Instead of having a court hearing in front of a judge, you may need only to file a simple form or two and wait for a certain amount of time before distributing the assets.

In some states, it can be even easier: Inheritors can use a simple affidavit to claim assets. (An affidavit is a statement you sign in front of a notary, swearing something is true.) If you live in one of those states, you just have to wait a required period of time, then sign a simple, sworn statement that no probate proceeding is happening in your state and that you are the person entitled to inherit a particular asset--a bank account, for example. 

Adding it up, what's in, what's not

When you are trying to determine whether or not an estate's value is below the Ohio small estates limit, the first thing to do is make a list of the assets. A simple spreadsheet or list will do.

Not everything a person owns counts, though.

Include only the things that pass to heirs and beneficiaries by will or, if there's no will, by Ohio intestacy laws, which determine who inherits if there is no will.

Don't count:

  • assets that are held in joint tenancy,
  • retirement plans,
  • payable-on-death (POD) bank accounts,
  • real estate transferred by a transfer-on-death deed, or
  • transfer-on-death brokerage accounts.

These assets don't count towards the small estate limit because they pass to the named beneficiaries regardless of what a will (or state intestacy law) says. If a person had a life insurance policy with a named beneficiary, the insurance proceeds won't count either.

Loans on the property?

Some states also don't count the amount of money owed on a car, or a house, while others count the fair market value of an asset, even it is subject to a loan or a mortgage.

For example, say Donald died in Ohio and owned the following assets:

  • A checking account with $2,345
  • A savings account with $2,567
  • A car with a blue book value of $6,500 (and no loan)
  • An IRA with $32,000, naming his son and daughter as beneficiaries
  • A life insurance policy worth $15,000, naming his son and daughter as beneficiaries

To figure out whether Donald is above or below Ohio's small estate limit, only the bank accounts and car would be counted, for a total of $11,412.

His IRA and the life insurance proceeds aren't counted towards the limit because they will go to his beneficiaries directly. The value of the car is included because he doesn't owe money on it.

That means the value of Donald's estate is under the Ohio small estates limit. His son and daughter, who inherit his assets under Ohio's intestacy laws because Donald had no will, would follow the small estates procedure.

Options for Small Estates in Ohio

Ohio offers options for expedited or simplified probate procedures, namely the "Summary Release from Administration", "Relief from Administration", and "Full Administration". Always consult with a probate attorney to verify this information and get personalized advice.

  1. Summary Release from Administration

    This process is available if an estate is worth less than $5,000, or if the surviving spouse is entitled to the entire estate and its value is less than $45,000. Here's a simplified step-by-step breakdown:

    1. Fill out the "Application for Summary Release from Administration" form (Form 5.10).
    2. File this form with the probate court in the county where the deceased person lived.
    3. If the application is approved, the court will issue an order that releases the assets to the person who applied.

    This process bypasses the need for a full probate procedure, which can involve multiple court hearings, appointment of a personal representative, and extensive paperwork. This procedure is outlined in Ohio Revised Code Section 2113.031.

  2. Relief from Administration

    If the total value of the estate is $35,000 or less, or $100,000 or less if the surviving spouse is entitled to everything, you may be able to use this simplified probate process.

    1. Fill out the "Application to Relieve Estate from Administration" form (Form 5.0).
    2. File the form with the probate court in the county where the deceased person lived.
    3. If approved, the court issues an order allowing the assets to be distributed without a full probate process.

    This procedure avoids a full probate process with its associated costs and time commitments. This is governed by Ohio Revised Code Section 2113.03.

  3. Full Administration

    If an estate doesn't qualify for the above options, it will need to go through full administration. However, if all beneficiaries of the estate agree, they can request that the estate be administered without court supervision, which simplifies the process.

    1. File an application for authority to administer the estate and admit the will to probate.
    2. The court appoints a fiduciary (executor or administrator) who is responsible for managing the estate.
    3. The fiduciary administers the estate, which includes inventorying assets, paying debts and taxes, and distributing assets to beneficiaries.

    The full administration process avoids the ongoing court supervision, provided all the parties agree to the same. This procedure is governed by Ohio Revised Code Section 2113.14.


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