After a death in Ohio, the estate either qualifies for the simplified procedure for estates under $35,000codes.ohio.gov: ORC § 2113.03Verified Sep 8, 2026View source or goes through probate, where creditors have 6 monthsORC § 2117.06 (eff. 4-3-2023, SB 202, 134th GA)Verified Sep 8, 2026View source to file claims after notice.
Certified copies come from the Ohio Department of Health - Bureau of Vital StatisticsOhio Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source; the funeral home usually places the first order. Each certified copy costs $22Ohio Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source, and standard processing takes Online: processed within five business days, then about three weeks by USPS; mail: 4-6 weeksOhio Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source. Banks, insurers, government agencies and retirement plans each want a certified copy, so the first order is for several. The Ohio death certificate guide carries the ordering details.
Ohio sets an order for who controls the disposition of remains: surviving spouse, then sole surviving child, or all surviving children collectively, then surviving parentOhio Rev. Code § 2108.81Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceOhio Rev. Code § 2108.70Verified Oct 17, 2026View source, and a written designation outranks the default order. The Ohio burial and cremation law guide carries the rest of the rules.
Only for what the decedent owned alone with no beneficiary named. Assets in a living trust, accounts with a named beneficiary and property owned jointly with right of survivorship pass outside probate. For the rest, Ohio allows estates valued at $35,000codes.ohio.gov: ORC § 2113.03Verified Sep 8, 2026View source or less to use the Release from Administrationcodes.ohio.gov: ORC § 2113.03Verified Sep 8, 2026View source, which avoids full probate administration. Ohio's small estate shortcut is a court procedure: the court's own order authorizes collection. There is no affidavit to present to a bank. There is no statutory waiting period.
Ohio uses Application for Authority to Administer Estate (4.0)R.C. 2113.05/2113.06 (grant of letters); R.C. 2109.02, 2109.07 (acceptance & application for authority); R.C. 2113.07 (application contents); Ohio Civ.R. 73.2 (standard probate forms), 73.11 (application for letters of authority; notice)Verified Aug 24, 2026View source, filed with the Probate CourtR.C. 2113.05/2113.06 (grant of letters); R.C. 2109.02, 2109.07 (acceptance & application for authority); R.C. 2113.07 (application contents); Ohio Civ.R. 73.2 (standard probate forms), 73.11 (application for letters of authority; notice)Verified Aug 24, 2026View source. Probate Court judge issues Letters of Authority after the court grants the petition. The Ohio Letters Testamentary guide carries the documents, the bond and the self-filing rules.
A simple estate in Ohio typically settles in 6 months to 9 months, and an average estate in 9 months to 12 months. The creditor claim period of 6 monthsORC § 2117.06 (eff. 4-3-2023, SB 202, 134th GA)Verified Sep 8, 2026View source is the floor: final distribution waits for it to run. Assets in a living trust settle privately, without the court's timeline.
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Free forms for settling an estate in Ohio: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Ohio.
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Affidavit of Death
In Ohio, a surviving joint owner records the “Affidavit on the death of a survivorship tenantR.C. 5302.17Verified Oct 26, 2026View source”; a transfer on death deed beneficiary records the “Affidavit of confirmationR.C. 5302.222(A)Verified Oct 26, 2026View source”.
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IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
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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.
Free tools for settling an estate in Ohio: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Ohio.
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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What Happens to Jointly Owned Property When an Owner Dies?
When a joint owner dies in Ohio, what the survivor records is the “Affidavit on the death of a survivorship tenantR.C. 5302.17Verified Oct 26, 2026View source”.
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Do I Have to File Tax Returns for Someone Who Died?
Ohio requires a final state income tax return for the decedent alongside the federal Form 1040Ohio Rev. Code § 5747.02Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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How Do I Settle an Estate?
Settling an estate 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; creditors have 6 monthsR.C. §§ 2117.06, 2117.07, 2117.12, 2117.25Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
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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.
Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.
Confirm who has authority over final arrangements
State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made.
Ohio: State law sets the order of who controls disposition of remains. Order: Person designated in a written declaration per § 2108.70; then Surviving spouse; then Sole surviving child, or all surviving children collectively; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.
Arrange burial, cremation, or other disposition
Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.
Ohio: Cremation has a 24-hour waiting period. A burial or disposition permit is required, issued by the local registrar or sub-registrar of vital statistics (R.C. 3705.17). Within five working days after the date of death. A disposition permit is obtained before or when the certificate is filed, and the physician or coroner signs the medical certification within 48 hours after notification of the death (Ohio Admin. Code 3701-5-08; R.C. 3705.16).
Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy.
Ohio: Order from Ohio Department of Health - Bureau of Vital Statistics. Fee: $22/copy ($22 additional). Available: online, mail, in-person, in-person. Processing: Online: processed within five business days, then about three weeks by USPS; mail: 4-6 weeks.
Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.
Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.
Federal: Timing: Application for the lump-sum death payment: within 2 years of the date of death. Proof of support for a dependent parent's benefit: within 2 years of the worker's death. The funeral home reports the death.
Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.
Ohio: Medicare: Repayment of a Medicare Secondary Payer demand against the estate: within 60 calendar days of the demand; interest is assessed from the date the demand letter was mailed. Claim for services furnished before death: within 12 months of the date of service. If the deceased received Medicaid, Ohio's estate recovery program (Ohio Department of Medicaid, Estate Recovery) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.
If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.
Federal: Timing: DIC or death pension application, for an award effective from the month of death: within 1 year of the date of death; Payments start from the filing date instead of the first day of the month of death.. Claim for accrued benefits: within 1 year of the beneficiary's death. Claim for lump-sum accrued benefits withheld from a competent veteran during hospital, institutional or home care: within 5 years of the beneficiary's death. Request to be substituted into the veteran's pending claim or appeal: within 1 year of the date of death. Burial allowance claim for a death that was not service connected: within 2 years of the veteran's burial. Burial allowance claim where VA upgraded the discharge from dishonorable after death: within 2 years of the upgrade.
Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.
Ohio: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (ORC § 5815.33; ORC § 5302.23(B)(12)). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.
Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.
Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.
Ohio: Homestead exemption up to $182,625. Ohio allows Transfer on Death (TOD) deeds. Check the county recorder's office to see if a TOD deed was recorded -- if so, the property transfers outside probate.R.C. §§ 2329.66(A)(1)(b), 2329.66(B), 2106.10, 2106.15Verified Sep 15, 2026View source
Whoever holds the original will hands it to the probate court, or to the executor it names, within the period state law sets. The will becomes part of the court record whether or not probate is opened.
Obtain an EIN for the estate
Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.
Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond.
Ohio: Statewide form: 4.0 (Application for Authority to Administer Estate). File with the Probate Court (a division of the Court of Common Pleas) of the county where the decedent resided. Counties may require additional local forms. Filing fee $200. Typical duration: 6-24 months.R.C. 2113.05/2113.06 (grant of letters); R.C. 2109.02, 2109.07 (acceptance & application for authority); R.C. 2113.07 (application contents); Ohio Civ.R. 73.2 (standard probate forms), 73.11 (application for letters of authority; notice)Verified Aug 24, 2026
Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.
Ohio: Letters of Authority are issued by the Probate Court judge, by signing Form 4.5 (Entry Appointing Fiduciary; Letters of Authority); the clerk issues certified copies. The state's title for the role is Fiduciary (executor if testate, administrator if intestate). The Letters document is official form 4.5 (Entry Appointing Fiduciary; Letters of Authority). Typically filed with the petition: Certified copy of the death certificate (standard county Probate Court filing requirement); If there is a will: the original will plus a SEPARATE Application to Probate Will (Form 2.0) [R.C. 2107.11, 2107.18, 2107.19] — the will must be admitted before letters testamentary can issue (R.C. 2113.05), and Form 4.0 only offers the checkbox "Decedent's Will has been admitted to probate in this Court"; Application for Authority to Administer Estate (Form 4.0), with the names/addresses of the surviving spouse and next of kin and a statement of estate value (R.C. 2113.07); Surviving Spouse, Children, Next of Kin, Legatees and Devisees (Form 1.0); Waiver of Right to Administer (Form 4.3) signed by persons with priority, or Notice and Citation of Hearing on Appointment of Fiduciary (Form 4.4) served on them at least 7 days before the hearing (R.C. 2113.07; Ohio Civ.R. 73.11(A)); Statement of no knowledge of a will (intestate applicants) (R.C. 2113.07: "Letters of administration shall not be issued upon the estate of an intestate until the person to be appointed has made and filed a statement indicating that the person has no knowledge of a will of the intestate"); Fiduciary’s Bond (Form 4.2) unless dispensed with (R.C. 2109.04; R.C. 2109.07; R.C. 2109.09).R.C. 2113.05/2113.06 (grant of letters); R.C. 2109.02, 2109.07 (acceptance & application for authority); R.C. 2113.07 (application contents); Ohio Civ.R. 73.2 (standard probate forms), 73.11 (application for letters of authority; notice)Verified Aug 24, 2026
Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.
Ohio: Ohio does not require newspaper publication. Creditors have 6 months from the date of death to file claims. Direct notice to a known creditor is optional, and it shortens that creditor's window: they must file within 30 days of the mailing if that falls sooner.R.C. §§ 2117.06, 2117.07, 2117.12, 2117.25Verified Oct 19, 2026View source
Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.
Ohio: Ohio has adopted digital asset access laws (2017). User authorization or court order may be required to access accounts. Online tool authorizations (like Google Inactive Account Manager) are valid.R.C. §§ 2137.01-2137.20Verified Sep 15, 2026View source
Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.
Ohio: Search Ohio Department of Commerce, Division of Unclaimed Funds for forgotten accounts, refunds, and uncashed checks owed to the deceased.
Maintain property, continue paying mortgage and taxes, arrange for property management if needed, and prepare for sale or transfer.
Ohio: Property owned in other states may require ancillary probate in those states. Small estate exception may apply for property under $35,000. State recognizes out-of-state personal representatives.R.C. ch. 2129 (§§ 2129.02, 2129.04, 2129.05)Verified Sep 15, 2026View source
Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.
Ohio: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (ORC § 5815.33; ORC § 5302.23(B)(12)). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.
Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.
Inventory due 90 days after appointment as personal representativeR.C. §§ 2115.02, 2115.06, 2113.69Verified Sep 15, 2026View source
Ohio: Inventory due within 90 days of appointment. You must engage an independent appraiser to value the assets. Supplemental inventory required for assets discovered after the initial filing.R.C. §§ 2115.02, 2115.06, 2113.69Verified Sep 15, 2026View source
Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.
Ohio: After a claim is rejected, the creditor has 60 days to sue on it. If the estate cannot pay every claim, payment order: Costs and expenses of administration; then Funeral expenses up to $4,000 (in the funeral director's bill, or court-approved), plus burial and cemetery expenses up to $3,000; then Spousal and minor children support allowance (R.C. § 2106.13); then remaining claims in statutory order.R.C. §§ 2117.06, 2117.07, 2117.12, 2117.25Verified Oct 19, 2026View source
Transfer ownership of vehicles to beneficiaries or the estate. Contact the state DMV with a death certificate and title documents.
Ohio: Ohio titles can carry a Transfer-on-Death beneficiary designation (Ohio Rev. Code 2131.13). Check the title for a TOD or beneficiary designation — a designated vehicle passes directly to the named beneficiary outside probate. Titles are processed by the County Clerk of Courts Title Office (Ohio BMV oversees motor vehicle records).
File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.
IRS Form 1040 due April 15 following year of death26 USC 6012(b)(1)
Ohio: File IT 1040 (Ohio Individual Income Tax Return) for January 1 through date of death. Due April 15 of the year following death. File IT 1040 for income earned January 1 through date of death; the decedent's executor or administrator makes and files it (Ohio Rev. Code § 5747.08(A)). Check the "If deceased" box at the top of the IT 1040 for the deceased taxpayer only.Ohio Rev. Code §§ 5747.02, 5747.08; Ohio Adm. Code 5703-7-05Verified Sep 10, 2026View source
If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.
Ohio: File IT 1041 (Ohio Fiduciary Income Tax Return) for estate/trust income. Required when All estates and trusts, including foreign estates and trusts, that are subject to the Ohio fiduciary income tax must file the Ohio IT 1041; in general an estate that files federal Form 1041 and either resides in Ohio or earns/receives income from Ohio must file (Ohio Dept. of Taxation, IT 1041 filing requirements; Ohio Rev. Code § 5747.08(C)). Due April 15 of the year after the trust or estate's tax year ends. Filed by the fiduciary of the estate or trust (Ohio Rev. Code § 5747.08(C)). Estates pay 1.27448% on the first $26,050 of Ohio taxable income and $332 + 2.75% above $26,050 for TY2026 (§ 5747.02(A)(2)–(3)(c)); trusts are taxed at the same amounts on modified Ohio taxable income (§ 5747.02(A)(1)).Ohio Rev. Code §§ 5747.02, 5747.08; Ohio Adm. Code 5703-7-05Verified Sep 10, 2026View source
For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.
IRS Form 706 due 9 months after date of death (6-month extension available) if required26 USC 6018; 26 USC 6075(a)
Ohio: No state estate or inheritance tax. Only federal Form 706 applies if estate exceeds the federal exemption ($15,000,000).26 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source
Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.
Ohio: No Ohio tax release, waiver, or clearance certificate is required before a decedent's assets are transferred.Ohio Rev. Code §§ 5747.02, 5747.08; Ohio Adm. Code 5703-7-05Verified Sep 10, 2026View source
An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.
Ohio: Executor compensation is set by statute. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.ORC § 2113.35Verified Sep 8, 2026View source
Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.
General information about settling an estate, not legal advice. Requirements vary by state and circumstance. Consult a licensed attorney for legal questions. Data verified Sep 15, 2026
