How Does Step-Up in Basis Work in Ohio?

Inherited assets in Ohio take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesR.C. § 5747.02 (rate schedule)Verified Sep 15, 2026View source.

When someone dies, the cost basis of the property they leave is reset to its fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014. A later sale is taxed on the gain above that stepped-up basis, not above what the original owner paid, so the appreciation of the owner's lifetime is never taxed. The rule is federal and applies in Ohio as in every state.

State capital gains tax is a separate layer from the federal tax. After the step-up, the gain on a later sale faces ordinary income tax at the state's regular ratesR.C. § 5747.02 (rate schedule)Verified Sep 15, 2026View source. Ohio's top marginal income tax rate is 2.75%Ohio Rev. Code § 5747.02Verified Sep 20, 2026View source. The step-up still matters: it sets the gain on which both the federal and the state tax are figured.

For the capital gains tax, inheriting is usually better than receiving a lifetime gift. Inherited property takes a basis reset to fair market value at death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014; a gift carries the donor's original basis26 USC § 1015(a)Verified Sep 15, 2026View source under IRC § 1015. Stock bought for $10,000 and worth $200,000 carries a $190,000 gain to the recipient of a gift and none to an heir. Property held in a revocable living trust still receives the step-up at the grantor's death.

No. Inherited property is treated as held long-term from the date of death26 USC § 1223(9)Verified Sep 15, 2026View source under IRC § 1223(9), whatever the actual holding period, so a sale the day after the inheritance is taxed at the federal long-term rates of 0%, 15%, or 20%IRC § 1(h); IRS Topic No. 409Verified Sep 15, 2026View source on any gain above the stepped-up basis, plus the Ohio layer. Short-term ordinary-income rates never apply.

The new basis is the fair market value on the date of death26 USC § 1014(f), § 6035; IRS Pub. 551 (Basis of Assets); Form 8971 / Schedule AVerified Sep 15, 2026View source, and IRS Publication 551 sets the standard for each asset class: for a publicly traded security the average of the high and low prices that day, for real estate a qualified appraisal as of that date, for a privately held business interest an independent valuation (required where a federal estate tax return is filed). The valuation is what substantiates the basis on Schedule D when the heir sells.

Forms for Planning and Settling an Estate in Ohio

Free Ohio forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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Petition for Probate and Letters

In Ohio, the petition asks the Probate Court to appoint the personal representative, whose authority is proved by Letters of Authority; every appointment goes through the courtORC §§ 2107.18, 2113.05 (probate court admits the will and issues letters; no registrar/clerk track)Verified Sep 8, 2026View source.

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Notice to Creditors

In Ohio, creditors have 6 monthsORC § 2117.06 (eff. 4-3-2023, SB 202, 134th GA)Verified Sep 8, 2026View source from the date of death to present claims.

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Renunciation of Executor

In Ohio, a person named as executor may refuse the appointmentOhio Rev. Code 2113.12Verified Sep 23, 2026View source before anyone is appointed.

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Affidavit of Heirship

In Ohio, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areR.C. 5301.252; R.C. 2106.18 and 4505.10 (BMV 3773); R.C. 2123.01Verified Sep 24, 2026View source; once recorded it is admissible as evidence of the facts stated.

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Estate Inventory

In Ohio, the personal representative files the estate inventory within 90 daysR.C. §§ 2115.02, 2115.06, 2113.69Verified Sep 15, 2026View source of appointment.

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Estate Closing

In Ohio, the personal representative is discharged by court orderR.C. §§ 2109.32(A), 2109.32(C)Verified Sep 15, 2026View source, and a final accounting is required.

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Letter of Instruction

Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.

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Tools for Planning and Settling an Estate in Ohio

Free calculators and checklists for planning or settling an estate in Ohio: will and trust costs, probate, executor pay, and inheritance taxes.

How Much Are Estate & Inheritance Taxes?

Ohio levies no estate or inheritance taxNo state estate or inheritance tax; estate tax repealed for deaths on/after Jan 1, 2013 (Ohio Rev. Code § 5731.02 levies only on persons "dying on or after July 1, 1968, and before January 1, 2013")Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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What Taxes Apply to My Inheritance?

Ohio imposes no inheritance or estate taxNo state estate or inheritance tax; estate tax repealed for deaths on/after Jan 1, 2013 (Ohio Rev. Code § 5731.02 levies only on persons "dying on or after July 1, 1968, and before January 1, 2013")Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in Ohio costs an estimated $26,234ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 1.8%ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.8%ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $35,000codes.ohio.gov: ORC § 2113.03Verified Sep 8, 2026View source can use a small-estate procedure instead.

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When Do I Have to Withdraw an Inherited IRA?

See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.

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How Much Does Probate Cost?

Probate on a $500,000 estate in Ohio costs an estimated $26,234ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 1.8%ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.8%ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.

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Who Inherits Without a Will?

Without a will in Ohio, a surviving spouse takes the entire estateORC § 2105.06Verified Sep 11, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationORC § 2105.06Verified Sep 11, 2026View source.

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How Many Death Certificates Do I Need?

In Ohio, certified death certificates come from the Ohio Department of Health - Bureau of Vital StatisticsOhio Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source; the first copy costs $22Ohio Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source.

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Do I Need Probate?

In Ohio, estates valued at $35,000codes.ohio.gov: ORC § 2113.03Verified Sep 8, 2026View source or less qualify for the Release from Administrationcodes.ohio.gov: ORC § 2113.03Verified Sep 8, 2026View source, a court procedure short of full probate.

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Ohio Estate Planning Resources

In-depth guides covering Ohio probate laws, trust requirements, and estate planning strategies.