Ohio Small Estate Affidavit

Officially called an “Application for Summary Release From Administration,” an Ohio Small Estates Affidavit is the means by which an individual can apply to the probate court to access a small estate without needing to engage in the usual estate process of formal probate. The applicant is legally-bound to follow a certain process to be granted the right to skip formal provide, which can be found below.

Laws & Required Conditions

Laws: § 2113.03

Maximum Estate Value: For spouses: $100,000; For non-spouses: $35,000

Required Conditions: The following steps must be followed in order to execute a Small Estate Affidavit in a lawful manner:

  1. The applicant must file the application with the probate court (if the Decedent died with a will, it must also be presented to the court),
  2. Notice must be given of the filing to the surviving spouse and heirs (if any) according to the probate court’s instructions,
  3. Notice of the filing must be published in a newspaper of general circulation in the county, with the exception that the court does not order this, and
  4. The applicant must subsequently await the court’s ruling on whether or not the estate may be relieved from administration.