What to gather for a small estate in Ohio

A short probate court case for an estate worth $35,000 or less. The court orders the bank accounts, other personal property and real estate delivered or transferred to the people entitled to them, without appointing an executor or administrator.

Limit

Up to $35,000 (deaths on or after November 9, 1994)

Date of death	Limit
On or after November 9, 1994	$35,000
October 20, 1987 to November 8, 1994	$25,000
January 1, 1976 to October 19, 1987	$15,000

The estate's assets can be worth up to $35,000 for a death on or after November 9, 1994. The limit is $100,000 if the surviving spouse is entitled to all of the estate (see the next procedure). Form 5.0 also lists older limits: $25,000 for deaths on or after October 20, 1987, and $15,000 for deaths on or after January 1, 1976. If assets are not money, stocks, bonds or other property with a readily known value, an appraiser chosen by the applicant and approved by the court values them.

What counts

The value of the assets of the estate (property that would otherwise go through probate). Debts are listed separately on Form 5.1. Cars the surviving spouse takes under R.C. 2106.18 are not estate assets and are left out.

Waiting period

The law sets no waiting period before you apply. The court decides how long notice must be given to the surviving spouse and heirs, and notice by newspaper publication may be required unless the court waives it. Creditors have six months after the death to present claims.

Who can use it

Any interested party, such as a family member, heir or beneficiary, may apply. The surviving spouse, heirs, legatees and devisees can sign a waiver of notice on the back of Form 5.0. If there is a will, it must first be admitted to probate.

Court or where to file

The probate court of the county where the person lived at death.

Papers to attach

• Form 5.0 Application to Relieve Estate from Administration
• Form 5.1 Assets and Liabilities of Estate to be Relieved from Administration (with the appraiser's certification if any assets were appraised)
• Form 1.0 Surviving Spouse, Children, Next of Kin, Legatees and Devisees
• The will, if there is one (it must be admitted to probate)
• If there is real estate: an application for a certificate of transfer
• Certified copy of the death certificate (courts usually ask for one)
• Medicaid estate recovery notice form, if the person or their spouse received Medicaid (due within 30 days of filing)

Steps

1. List the estate's assets and their values, and the known debts, on Form 5.1. Leave out cars the spouse takes by affidavit.
2. Have an appraiser value assets that do not have a readily known value, if the court requires it.
3. If there is a will, file it for probate first.
4. File Form 5.0 with Forms 5.1 and 1.0 at the county probate court, with any waivers of notice.
5. Give the notice the court orders, or have the people entitled to notice sign waivers.
6. At the hearing, if the court is satisfied, it signs an entry releasing the estate and directing who receives each asset.
7. Give certified copies of the court's entry to banks and others; real estate transfers by certificate of transfer.

Fee

Filing fees are set by each county probate court; ask the probate court. The appraiser, if one is used, is paid under R.C. 2115.06. Publication in a newspaper, if required, costs extra.

Debts and responsibility

Property delivered under a release from administration is subject to creditors' claims presented within six months after the death. A court order releasing the estate protects an innocent buyer of the real estate from unsecured creditors' claims.

What the bank or holder must do

The court's entry directs delivery of personal property and transfer of real property to the people entitled to them. The statute does not list a separate release of liability for banks.

Forms

• Form 5.0 Application to Relieve Estate from Administration (Supreme Court of Ohio standard probate form)
• Form 5.1 Assets and Liabilities of Estate to be Relieved from Administration

Law: Ohio Rev. Code 2113.03, 2113.01, 2117.06, 2117.061

Source: Official page