Ohio Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   A small estate affidavit is a sworn statement that lets a family settle a small estate without full probate; in Ohio the mechanism is release from administration under O.R.C. 2113.03, an application filed with the probate court rather than an affidavit handed to a bank.

2. 2

   An estate qualifies for release from administration when the value of its assets is $35,000 or less (O.R.C. 2113.03).

3. 3

   The limit rises to $100,000 or less where the decedent left all assets to the surviving spouse by valid will, or died intestate with the surviving spouse entitled to all the assets (O.R.C. 2113.03).

4. 4

   Ohio sets no fixed number of days to wait after death before an application for release from administration may be filed.

5. 5

   An application, with a supporting affidavit, is filed with the probate court, which issues an order relieving the estate from administration.

6. 6

   For very small estates, Ohio also offers a summary release from administration under O.R.C. 2113.031, tied to funeral expenses and a surviving spouse's allowance.

7. 7

   Because release from administration is a court order, it can cover the real and personal property that the order releases, not personal property alone.

Ohio Requirements for Small Estate Affidavit

• Release From Administration, Not a Bank Affidavit

  Ohio has no bank-facing small estate affidavit. Its small estate mechanism is release from administration under O.R.C. 2113.03, an application with a supporting affidavit filed with the probate court, which issues an order relieving the estate from administration.

• $35,000 Asset Limit

  An estate qualifies for release from administration when the value of its assets is $35,000 or less (O.R.C. 2113.03). Above that figure, the estate generally goes through full administration unless a higher spouse limit or the summary release applies.

• $100,000 Limit for a Surviving Spouse

  The limit rises to $100,000 or less where the decedent devised all of the assets to the surviving spouse by a valid will, or died intestate with the surviving spouse entitled to receive all of the assets under Ohio law (O.R.C. 2113.03).

• No Fixed Waiting Period

  Ohio sets no fixed number of days to wait after death before an application for release from administration may be filed (O.R.C. 2113.03). The application is filed once the assets and their values are known and the death certificate is in hand.

• Filed With the Probate Court

  The application, with a supporting affidavit, is filed with the probate court of the county where the decedent was domiciled (O.R.C. 2113.03). The court may direct notice to the surviving spouse and heirs, then issues an order relieving the estate from administration.

• Any Interested Party May Apply

  Any interested party may apply under O.R.C. 2113.03, commonly the surviving spouse or another person entitled to the assets. Where the surviving spouse is entitled to all the assets, that spouse typically applies and uses the higher $100,000 limit.

• Covers Real and Personal Property

  Because release from administration is a probate court order rather than a bank release, it can cover the real and personal property that the order releases, so long as the estate's total asset value stays within the $35,000 or $100,000 limit, unlike states that reach personal property only.

• Summary Release for the Smallest Estates

  For very small Ohio estates, a summary release from administration under O.R.C. 2113.031, tied to funeral and burial expenses and a surviving spouse's allowance, is available separately from Section 2113.03. Confirm the current summary-release dollar limits with the probate court before relying on it.