The probate process can be long and drawn out, costing your survivors time as well as money. Fortunately, Ohio offers probate shortcuts for "small estates." If the property you leave behind at your death is below a certain amount, your loved ones can use a simplified procedure to transfer your property more quickly and with less hassle.
Ohio has two very similar simplified probate processes called "summary release from administration" and "release from administration." Read below to see if your estate qualifies for either of these.
Ohio offers a procedure that allows inheritors to skip traditional probate altogether by obtaining summary release from administration from the probate court.
You can use "summary release from administration" in Ohio if either:
(Ohio Rev. Code §§ 2113.031, 2106.13 (2024).)
If you qualify, you can apply for this procedure with the local probate court in the county where the deceased person was living. The application must:
(Ohio Rev. Code § 2113.031 (2024).)
You'll also need to provide documentation such as the will (if there was one), death certificate, funeral bills and receipts, and documentation of assets.
Once the court grants summary release, the assets can be transferred without going through probate. You will need to give a certified copy of the court's order to financial institutions and other entities that possess the deceased person's property.
Ohio has a similar procedure called "release from administration."
Release from administration is available if either:
(Ohio Rev. Code § 2113.03 (2024).)
In the estate qualifies using the first criterion (if the value of the estate is $35,000 or less), the inheritor must give notice to the surviving spouse, if any, and to the heirs. The inheritor might also be required to publish notice of the filing of the application. (Ohio Rev. Code § 2113.03 (2024).)
After an application is approved, the probate court will issue an order that states no further administration is necessary, and direct the property to be transferred. To obtain the property, you can take a certified copy of the court's order to banks and other entities that possess the deceased person's assets.
If the estate includes real estate, you must update the property records to show a transfer of ownership. Contact the county recorder's office in the county where the property is located.
For help determining if an estate qualifies for one of these probate shortcuts, or handling an estate in general, see The Executor's Guide, by Mary Randolph (Nolo) or Estate Planning Basics, by Denis Clifford (Nolo).
For more on Ohio estate planning issues, see our section on Ohio Estate Planning.