How Do I Claim a Small Estate in Ohio?

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 or finds it unnecessary), 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). Assets that are not money, stocks, bonds, or other readily ascertainable property are valued by an appraiser the applicant selects subject to court approval, and that valuation is reported in the application (R.C. 2113.03(C)). 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 allowance for support plus up to $5,000 of funeral and burial expenses), applies to the probate court for a summary release order; the court may grant it only if no administration or § 2113.03 proceeding is pending and no estate assets are known beyond those described in the application.

Real property can pass through either order. Release from administration: the court's order may direct transfer of real property to the persons entitled to it, and the court may appoint a commissioner to execute all necessary instruments of conveyance and to report back after the delivery, sale, or transfer (R.C. 2113.03(B), (E)). Summary release: the order "directs the transfer to the applicant of the title to any interests in real property included in the decedent's estate," and the application must be accompanied by an application for a certificate of transfer under R.C. 2113.61 when the estate includes an interest in real property (R.C. 2113.031(C)(3)(b), (D)(3)).