Ohio Bank Account After Death: What to Do

Bank accounts after a death in Ohio

A payable-on-death account goes to the named beneficiary, and a joint account with right of survivorship goes to the surviving owner, without probate. For an account in the person's name alone, the bank needs a probate court order, such as an entry releasing the estate from administration or a summary release order with a certified copy of the application. Ohio has no statute letting a bank pay a small account to family on an affidavit alone.

Law: Ohio Rev. Code 2131.10, 2131.12, 2113.03, 2113.031(E)

Source: Official page

Do bank accounts count toward the small estate limit?

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank accounts in the person's name alone, with no payable-on-death beneficiary, are estate assets. Law: R.C. 2113.03; R.C. 2113.031(C)(2)(d)(ii)
Joint or payable-on-death (POD) bank accounts	Left out	A payable-on-death account is paid to the named beneficiary by contract with the bank, and an account held with right of survivorship goes to the survivor; they are not estate assets. Law: R.C. 2131.10, 2131.12

FDIC insurance after a death

After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured. After six months, coverage is based on who actually owns the money.

Law: 12 CFR 330.3(j)

Transfer-on-death (TOD) and payable-on-death (POD) in Ohio

Bank account (POD)

Yes

Law: Ohio Rev. Code 2131.10

Source: Official page

Death certificates in Ohio

Certified death certificates are available from the Ohio Department of Health, Vital Statistics, P.O. Box 15098, Columbus, OH 43215-0098, or from local health departments. The CDC directory lists the state fee as $21.50 per copy; check the current fee with the office.

Where to get it: Ohio Department of Health, Office of Vital Statistics, or a local health department
Official page: Official page

Surviving spouse in Ohio

A surviving spouse can take the person's cars, up to $65,000 combined, and one boat, boat trailer and outboard motor, by affidavit at the clerk of courts title office; these are not estate assets. The spouse (and minor children) are entitled to a $40,000 allowance for support from the estate, reduced by the value of the lowest-valued car if the spouse took more than one. The release from administration limit is $100,000 when the spouse receives everything, and the spouse can apply for summary release when the estate is no more than the $40,000 allowance plus up to $5,000 for funeral costs. An employer may pay the person's wages to the spouse.

Law: R.C. 2106.18, 2106.19; R.C. 2106.13; R.C. 2113.03, 2113.031; R.C. 2113.04

Good to know in Ohio

Ohio's release from administration is a probate court procedure, not an affidavit handed to a bank: the estate limit is $35,000, or $100,000 when the surviving spouse receives everything.
A surviving spouse can take cars worth up to $65,000 combined by affidavit at the title office, outside the estate (R.C. 2106.18; BMV 3773).
Creditors' claims against an Ohio estate are barred if not presented within six months after the death, even when the estate is released from administration.

Letters to a bank

Use the free tools below to ask a bank for the balance on the date of death or to present a signed small estate affidavit.

Related pages

Free help in Ohio

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.