After a death in Ohio

Small estates

Release from administration in the county probate court (R.C. 2113.03): allowed when the estate is worth $35,000 or less, or $100,000 or less when the surviving spouse receives everything under the will or by law. There is also a summary release when the estate is small enough to be used up by funeral costs. Ask the probate court for its forms.

• Limit: $35,000, or $100,000 if the surviving spouse gets everything
• Source: the official source

Probate court

In Ohio, estates are handled by the Probate Division of the Court of Common Pleas in each county, usually in the county where the person lived.

Creditor claims: 6 months after the date of death (Ohio Rev. Code 2117.06), whether or not notice was given.

Official court forms

Decedent’s Estate Forms | Supreme Court of Ohio

The official statewide probate forms for settling an estate, including release from administration for small estates.

Small estate form: open the form

Forms are filed with the county probate court. Many counties add their own local forms and fees, so call the county probate court first.

Estate and inheritance tax

• State estate tax: No. Ohio repealed its estate tax for deaths on or after January 1, 2013.
• Inheritance tax: No. Ohio has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Transfer on death designation affidavit (Ohio Rev. Code 5302.22). It must be recorded with the county recorder before death.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed at the end by the will maker and by two competent witnesses who saw the signing or heard the will maker acknowledge it. Ohio does not use self-proving affidavits. A will can be deposited with the county probate court for safekeeping.

Handwritten wills: Not valid. Ohio requires two witnesses (Ohio Rev. Code 2107.03).

Power of attorney and health care directive

Financial power of attorney: Ohio adopted the Uniform Power of Attorney Act in 2012 (Ohio Rev. Code 1337.21 to 1337.64), with a statutory form (1337.60). The principal signs; a notarized signature is presumed genuine. A power of attorney used for real estate must be notarized and recorded with the county recorder.

Health care directive: Health care power of attorney (Ohio Rev. Code 1337.12) and living will declaration (2133.02). Each must be signed before two adult witnesses or a notary. Witnesses cannot be related to you by blood, marriage or adoption, and cannot be your agent, your attending doctor, or the administrator of your nursing home.

Death certificates

Certified copies come from the Ohio Department of Health, Office of Vital Statistics, or the local health department. The funeral home can usually order them for you.

Ohio death records are public, so family members and others can order certified copies.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Ohio’s 6 month creditor deadline runs from death, not from probate. A transfer on death designation affidavit is a common way to keep a home out of probate.