Probate in Ohio: small estates, no will, and skipping court
The short answer
Ohio has no out-of-court small estate affidavit. Small estates use release from administration in probate court: $35,000 or less, or $100,000 if everything goes to a surviving spouse. Creditors have six months from death. A recorded transfer on death affidavit can pass a home outside probate, and Ohio has no estate or inheritance tax.
When someone dies in Ohio, the family's first question is usually practical. Do we have to go to court, and how long will it take?
Ohio does things a little differently from many states. Even small estates go through the probate court, though the simple versions are quick. This page covers each option, who inherits if there is no will, and how a home can skip court. It is part of our estate planning guides for each state. If the word is new, start with what probate is.
Is there a small estate affidavit in Ohio?
Not for general assets. Many states let family collect a bank account with a simple affidavit and no court. Ohio does not. Small estates still go through the probate court, using one of two shortcuts (R.C. 2113.03, R.C. 2113.031).
| Item | Release from administration | Summary release from administration |
|---|---|---|
| Value limit | $35,000 or less; $100,000 or less if everything goes to the surviving spouse | The lesser of $5,000 or the funeral and burial bill |
| Who uses it | An heir, beneficiary or other interested person | The person who paid (or owes) the funeral bill, or a surviving spouse within the support allowance plus up to $5,000 of funeral costs |
| What it takes | An application to the probate court, notice to the spouse and heirs, and newspaper notice unless waived | A shorter application to the probate court |
The surviving spouse has two more protections outside probate. A spouse is entitled to a $40,000 allowance for support (R.C. 2106.13). A spouse can also take the decedent's cars, up to $65,000 in total value, and they aren't counted as estate assets (R.C. 2106.18).
Who inherits if there's no will?
Ohio's intestacy law decides (R.C. 2105.06). Ohio is not a community property state.
If you are married:
- No children: your spouse takes everything.
- All your children are also your spouse's children: your spouse takes everything.
- Your only child is not your spouse's child: your spouse takes the first $20,000 plus half of the rest. The child takes the remainder.
- More than one child, and not all are your spouse's: your spouse takes the first $60,000 (if your spouse is the parent of at least one) or $20,000 (if the parent of none), plus one-third of the rest. The children share the remainder.
Blended families should look at those numbers closely. A spouse does not simply "get half."
If you are not married, the order is:
- Your children, or the descendants of a child who died before you.
- Your parents.
- Your brothers and sisters (including half-siblings), or their descendants.
- Half to your grandparents on each side, or their descendants.
- Your next of kin.
- Your stepchildren, or their descendants.
- The State of Ohio.
A close friend inherits nothing without a will. Our post on dying without a will and no close family explains what that looks like.
Who serves as executor or administrator?
If there is a will, the court appoints the executor named in it, if suitable and willing (R.C. 2113.05).
With no will, the court appoints an administrator in this order (R.C. 2113.06):
- The surviving spouse, if an Ohio resident.
- One of the next of kin, if an Ohio resident.
- If neither applies within a reasonable time, a suitable Ohio resident the court chooses.
Either way, this person is a fiduciary: legally required to act in the estate's interest and follow what the will says.
Can someone outside Ohio serve?
Only in limited cases. This is one of Ohio's biggest surprises (R.C. 2109.21).
- An administrator must live in Ohio. With no will, a son in Texas can't be appointed to settle his mother's Ohio estate.
- A nonresident executor named in a will can serve only if they are related to you by blood or marriage, are a private or family trust company, or live in a state that lets unrelated nonresidents serve.
- The court may require a nonresident executor to keep the assets in the county until they are distributed.
So if your closest person lives out of state, a will that names them matters a great deal, especially if they are a relative. If they are a friend in another state, check whether that state's rules let them serve before you count on it.
How long do creditors have?
Six months from the date of death (R.C. 2117.06). That deadline runs from death, whether or not anyone has been appointed and whether or not the estate was released from administration.
Debts not presented in time are generally barred. The executor or administrator has 30 days to accept or reject each one.
Ohio doesn't use the Uniform Probate Code's informal probate. The choices are full administration under the probate court, release from administration, or summary release. Our post on the probate process walks through the steps, and how long probate takes covers timing.
How much is the executor paid?
Ohio sets a percentage schedule (R.C. 2113.35):
| Part of the estate | Fee |
|---|---|
| First $100,000 of personal property and proceeds of real estate sold | 4% |
| Over $100,000 up to $400,000 | 3% |
| Over $400,000 | 2% |
| Real estate not sold | 1% |
Some non-probate property can also count at 1%, though jointly owned property with survivorship rights does not. The court can reduce or deny the fee for an executor who didn't do the job faithfully. Our post on what an executor gets paid compares approaches.
Can my house skip probate?
Yes, with a transfer on death designation affidavit. Ohio uses an affidavit rather than a deed (R.C. 5302.22, R.C. 5302.23).
What to know:
- You sign it before a notary or other official, describing the property and naming beneficiaries. A spouse signs too, to give up dower rights.
- It must be recorded with the county recorder before your death.
- The beneficiary doesn't need to be told, and it overrides your will.
- You can change it by recording a new affidavit.
- A divorce cancels a designation of the former spouse.
A living trust is the other common way to keep a home out of court. Our post on how to avoid probate compares the options.
Will my heirs owe Ohio estate or inheritance tax?
No. Ohio's estate tax applies only to deaths before January 1, 2013, and Ohio has no inheritance tax (R.C. 5731.02).
Which path fits?
| Situation | Likely path in Ohio |
|---|---|
| Home has a recorded transfer on death affidavit | Passes to the beneficiary without probate |
| Estate is $35,000 or less | Release from administration |
| Everything goes to a spouse, $100,000 or less | Release from administration |
| Assets cover only the funeral bill, up to $5,000 | Summary release from administration |
| Larger estate, or a dispute | Full administration in probate court |
Here is a typical case, a composite. Ruth, 76, lived in Toledo and was widowed. Her house had a recorded transfer on death affidavit naming her nephew. Her checking account and car came to about $30,000. Her nephew recorded the paperwork for the house and used release from administration for the rest.
Some people would rather not leave this to a relative in another state. Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.
Before death, the papers that matter most are your powers of attorney. See our Ohio financial power of attorney guide and Ohio medical power of attorney guide.
Common questions
What is the small estate limit in Ohio?
Release from administration is available for estates of $35,000 or less, or $100,000 or less if everything passes to a surviving spouse. It still requires a probate court filing.
Does Ohio have a small estate affidavit?
Not for general assets like bank accounts. Ohio small estates go through the probate court using release from administration or summary release.
Can an out-of-state relative be executor in Ohio?
Yes, if they are related to you by blood or marriage and are named in your will. An administrator, appointed when there is no will, must live in Ohio.
How long do creditors have to file in Ohio?
Six months from the date of death. Late debts are generally barred.
Does Ohio have an estate or inheritance tax?
No. Ohio's estate tax ended for deaths on or after January 1, 2013, and Ohio has no inheritance tax.
Sources
- R.C. 2113.03: Release from administration (Ohio Revised Code)
- R.C. 2113.031: Summary release from administration (Ohio Revised Code)
- R.C. 2106.13: Allowance for support (Ohio Revised Code)
- R.C. 2106.18: Transfer of automobiles to surviving spouse (Ohio Revised Code)
- R.C. 2105.06: Statute of descent and distribution (Ohio Revised Code)
- R.C. 2113.05: Letters testamentary (Ohio Revised Code)
- R.C. 2113.06: Order of granting letters of administration (Ohio Revised Code)
- R.C. 2109.21: Qualifications of fiduciaries (Ohio Revised Code)
- R.C. 2117.06: Presentation of claims against estate (Ohio Revised Code)
- R.C. 2113.35: Commissions of executors and administrators (Ohio Revised Code)
- R.C. 5302.22: Transfer on death designation affidavit (Ohio Revised Code)
- R.C. 5302.23: Transfer on death designation affidavit; recording (Ohio Revised Code)
- R.C. 5731.02: Estate tax (Ohio Revised Code)
This page is general information, not legal or financial advice. Laws vary by state.