How Do I Claim a Small Estate in Ohio?
Ohio's small-estate shortcut is a court proceeding — collection is authorized by the court's own act, not by an affidavit presented to the holder of the property.
The Ohio small-estate procedure
Ohio's small-estate shortcuts are probate-court proceedings, not affidavits. Release from administration (R.C. 2113.03): an interested party applies to the probate court; after notice to the surviving spouse and heirs at law and newspaper publication (unless the court waives it), the court may relieve the estate from administration and direct delivery of personal property and transfer of real property ($35,000 general limit; $100,000 when the surviving spouse is the sole devisee or heir). Summary release from administration (R.C. 2113.031): a person who paid or is obligated in writing to pay the funeral and burial expenses (estate no more than the lesser of $5,000 or those expenses), or the surviving spouse (estate no more than the support allowance plus up to $5,000 of funeral and burial expenses), applies to the probate court for a summary release order.
Frequently asked questions
Ohio's small-estate shortcut is a court proceeding — collection is authorized by the court's own act, not by an affidavit presented to the holder of the property.
An estate of $35,000 or less ($100,000 when the surviving spouse is the sole successor), per Ohio Rev. Code §§ 2113.03, 2113.031.
Ohio's small-estate shortcuts are probate-court proceedings, not affidavits. Release from administration (R.C. 2113.03): an interested party applies to the probate court; after notice to the surviving spouse and heirs at law and newspaper publication (unless the court waives it), the court may relieve the estate from administration and direct delivery of personal property and transfer of real property ($35,000 general limit; $100,000 when the surviving spouse is the sole devisee or heir). Summary release from administration (R.C. 2113.031): a person who paid or is obligated in writing to pay the funeral and burial expenses (estate no more than the lesser of $5,000 or those expenses), or the surviving spouse (estate no more than the support allowance plus up to $5,000 of funeral and burial expenses), applies to the probate court for a summary release order.
Real property can pass through the release-from-administration order: the court may direct transfer of real property, with a court-appointed commissioner executing the conveyance (R.C. 2113.03).
